News

Pleasanton council set for final debate on water rate increase proposal

Meeting set for Tuesday at city's Operations Services Center

Water flows out of a household tap in Pleasanton. (File photo by Chuck Deckert)

The Pleasanton City Council is expected to make a final decision Tuesday on whether to increase the city's water service rates, which city officials have said is long overdue to effectively operate the municipal system but vocal residents have argued is too steep and too muddled of a proposal.

Mayor Karla Brown told the Weekly last week that she is still weighing out public discourse against the increase and the necessity of raising the costs in order to properly fund the city's water enterprise fund. She said that while the city doesn't agree with the "handful of residents who are challenging the new rates using creative extrapolation," she remains open to hearing out residents' concerns.

"I have met with some of the residents and received emails from others," Brown said. "At this time, I have not decided on my vote for Sept. 19, and I will remain open minded as I continue to hear from our Pleasanton residents."

If approved at Tuesday's council meeting, the water rates would go up by 30% beginning Nov. 1, followed by another 20% increase beginning Jan. 1, 2025 and a 12% increase the following year, according to the Sept. 19 staff report. The proposed rate structure was advanced by the council in July with a 4-1 vote, with Vice Mayor Jack Balch in dissent, to initiate the public notification process ahead of final consideration two months later.

The city had previously looked at the prospect of raising water rates back in 2019, but the ensuing water rate study was paused due to the COVID-19 pandemic. Since then, city officials have said that three years of no rate increases have put the city in a difficult position of having to make up for a loss of funding in the city's water enterprise fund through these new hikes.

Help sustain the local news you depend on.

Your contribution matters. Become a member today.

Join

"While the sewer enterprise is adequately funded, funding for the water distribution system is inadequate which has necessitated the use of reserves to both operate the water system and make necessary infrastructure improvements to have the pressure and capacity to deliver sufficient water supply during peak demand periods," according to the staff report.

A screenshot of staff's presentation to council, which shows how staff project the rate increases will help the water enterprise fund. (Courtesy of the city of Pleasanton)

"Depletion of the water reserves is unsustainable for the operation of the enterprise fund, to the point of insolvency," the staff report added. "This situation is problematic because it creates operational risk when reserve funds are not available to do necessary repairs or larger projects and from a policy perspective because it does not meet the city's approved reserve target of 35%."

If approved on Tuesday, the rate increases would help accomplish several goals, according to the report.

Those goals, according to city officials, include executing immediate city infrastructure system upgrades, increasing funding for the water supply alternative project design work, increasing funding to purchase water from the Zone 7 Water Agency for the next couple of years, increasing staffing to help implement solutions for the water distribution system and restoring the water enterprise fund.

According to the staff report, the first proposed rate increase would raise the average homeowner's bimonthly bill by $33, which equates to an approximately 30% increase in the total water portion of the utility bill, or about a 13% increase to the overall utility bill.

Stay informed

Get daily headlines sent straight to your inbox in our Express newsletter.

Stay informed

Get daily headlines sent straight to your inbox in our Express newsletter.

After that, residents would see a $25 increase upon the second year and a $17 increase upon the third year, according to city staff.

"The city supports these rates as correct and necessary to meet the increasing expenses of our water enterprise fund, to address our aging water infrastructure, to help replace the lost revenue from lower water usage during the recent drought, to fund cost-of-living increases that have not fully covered actual increasing expenses for this fund, and to pay for our future water distribution infrastructure needs that were identified in our two-year capital improvement plan," Brown said.

This would also mark the first rate structure overhaul since 2011 -- according to the staff report, water rates have only been adjusted for inflation since 2011, except for 2017, 2020, 2021 and 2022 when there weren't any increases at all.

That all led to the water fund becoming unsustainable, which needs to be addressed in order to move forward with future water-related projects and operations in the city, according to city staff.

"This fund has been insufficiently funded for eight of the last 12 years, with no rate increases over four years," Brown said. "It is clearly time to adjust the rates and begin our capital improvement programs to sustain the system. We've fallen behind and are operating the water fund/program at a deficit."

A chart showing Pleasanton's water rates compared to cities such as Livermore and others in the Tri-Valley and Bay Area regions. (Courtesy of the city of Pleasanton)

But while most of the residents who have spoken at recent council meetings agree that increased water rates are necessary for future capital improvement projects, many have been voicing their concerns about how the city has communicated the information regarding the rates.

According to the staff report, the city has received 80 validated protests as of Sept. 8 in regards to the water rate increases. If the city garners enough written protests – a majority of property owners – by 5 p.m. on Tuesday, then the council will not be able to accept the rate increases as recommended by staff.

"Per the requirements of Proposition 218, if more than a majority of parcels receiving water services protest any proposed rate increase, the City Council may not move forward with implementing the increases," the staff report states. "A final number of protests will be reported at the City Council meeting, and if there is not a majority protest totaling 11,243, then the City Council may proceed with adopting the noticed rates."

Water ratepayers and property owners can either submit their written protests to the city clerk's office or they can bring their protests to the meeting during the public hearing portion of the item.

A recent petition on change.org, which cites just over 1,900 signatures as of Wednesday morning, has also been gaining traction as it claims that city officials have not done a good job communicating accurate information about their proposal.

About a dozen residents also recently spoke out during the Sept. 5 council meeting to voice those concerns.

"If the city came to me and said they need to increase my Pleasanton water charge by 300%, but here are the specific things it will buy and here's why we have to have those things, I could support it. I wouldn't be happy about it, but I could support it. But that's not what's happening," Pleasanton resident Jon Krueger told the council at last week's meeting during the non-agenda comment period.

"The city is not giving accurate figures, there's no specifics on what the money will go for and the whole thing is far from clear. In fact, it's completely confusing," he added.

A lot of the public's disappointment with the city's communication stemmed from a state-mandated public notice brochure that the city sent out a few weeks ago, which many said was very confusing to read and understand.

"This brochure is not worth the money you spent to print it and mail it," said longtime resident Vicki LaBarge as she ripped up a copy of the brochure during her opening remarks to the dais on Sept. 5.

"There's a total lack of transparency for the residents and ratepayers in this community," she added. "How can anyone make an informed decision when there's zero comparison to what someone is paying today?"

But according to the staff report, that level of detail was necessary and even required by law.

"As required by Proposition 218, the public hearing notice must disclose information at a detailed level, serving to highlight the complexity of a rate increase with multiple changes associated with fixed and variable costs further complicated by changes to Zone 7 charges," the report states.

And while Brown said that she and other council members have been meeting and speaking with several residents individually in order to understand some of their concerns, she said that "city staff members stand by the city's figures as true and accurate," and that the city's water rates will continue to be lower than other cities in the region.

"Pleasanton residents have only been paying $497 per year for eight units of water per month, which is almost half of the Livermore rate," Brown said. "After the rate increase, our water rates will be $658 per year for eight units/month. Even with the rate increase, Pleasanton water rates are still at the bottom of the chart."

The council meeting is set to start at 7 p.m. this Tuesday (Sept. 19) and will be held in the Remillard Conference Room at the city's Operations Services Center at 3333 Busch Road in Pleasanton. Read the full agenda here.

As part of the agenda item, the council will also consider whether to increase sewer service rates based on "inflation as defined by the consumer price index," effective Nov. 1.

Later in the meeting, the council will receive an update on the water supply alternatives study, including preliminary results indicating two new wells as the preferred project to address supply concerns due to PFAS contamination locally.

A front row seat to local high school sports.

Check out our new newsletter, the Playbook.

Christian Trujano
 
Christian Trujano, a Bay Area native and San Jose State alum, joined Embarcadero Media in May 2022 following his graduation. He is an award-winning student journalist who has covered stories in San Jose ranging from crime to higher education. Read more >>

Follow PleasantonWeekly.com and the Pleasanton Weekly on Twitter @pleasantonnews, Facebook and on Instagram @pleasantonweekly for breaking news, local events, photos, videos and more.

Stay informed on important city government news. Sign up for our FREE daily Express newsletter.

Pleasanton council set for final debate on water rate increase proposal

Meeting set for Tuesday at city's Operations Services Center

by / Pleasanton Weekly

Uploaded: Sat, Sep 16, 2023, 3:54 pm
Updated: Mon, Sep 18, 2023, 12:12 pm

The Pleasanton City Council is expected to make a final decision Tuesday on whether to increase the city's water service rates, which city officials have said is long overdue to effectively operate the municipal system but vocal residents have argued is too steep and too muddled of a proposal.

Mayor Karla Brown told the Weekly last week that she is still weighing out public discourse against the increase and the necessity of raising the costs in order to properly fund the city's water enterprise fund. She said that while the city doesn't agree with the "handful of residents who are challenging the new rates using creative extrapolation," she remains open to hearing out residents' concerns.

"I have met with some of the residents and received emails from others," Brown said. "At this time, I have not decided on my vote for Sept. 19, and I will remain open minded as I continue to hear from our Pleasanton residents."

If approved at Tuesday's council meeting, the water rates would go up by 30% beginning Nov. 1, followed by another 20% increase beginning Jan. 1, 2025 and a 12% increase the following year, according to the Sept. 19 staff report. The proposed rate structure was advanced by the council in July with a 4-1 vote, with Vice Mayor Jack Balch in dissent, to initiate the public notification process ahead of final consideration two months later.

The city had previously looked at the prospect of raising water rates back in 2019, but the ensuing water rate study was paused due to the COVID-19 pandemic. Since then, city officials have said that three years of no rate increases have put the city in a difficult position of having to make up for a loss of funding in the city's water enterprise fund through these new hikes.

"While the sewer enterprise is adequately funded, funding for the water distribution system is inadequate which has necessitated the use of reserves to both operate the water system and make necessary infrastructure improvements to have the pressure and capacity to deliver sufficient water supply during peak demand periods," according to the staff report.

"Depletion of the water reserves is unsustainable for the operation of the enterprise fund, to the point of insolvency," the staff report added. "This situation is problematic because it creates operational risk when reserve funds are not available to do necessary repairs or larger projects and from a policy perspective because it does not meet the city's approved reserve target of 35%."

If approved on Tuesday, the rate increases would help accomplish several goals, according to the report.

Those goals, according to city officials, include executing immediate city infrastructure system upgrades, increasing funding for the water supply alternative project design work, increasing funding to purchase water from the Zone 7 Water Agency for the next couple of years, increasing staffing to help implement solutions for the water distribution system and restoring the water enterprise fund.

According to the staff report, the first proposed rate increase would raise the average homeowner's bimonthly bill by $33, which equates to an approximately 30% increase in the total water portion of the utility bill, or about a 13% increase to the overall utility bill.

After that, residents would see a $25 increase upon the second year and a $17 increase upon the third year, according to city staff.

"The city supports these rates as correct and necessary to meet the increasing expenses of our water enterprise fund, to address our aging water infrastructure, to help replace the lost revenue from lower water usage during the recent drought, to fund cost-of-living increases that have not fully covered actual increasing expenses for this fund, and to pay for our future water distribution infrastructure needs that were identified in our two-year capital improvement plan," Brown said.

This would also mark the first rate structure overhaul since 2011 -- according to the staff report, water rates have only been adjusted for inflation since 2011, except for 2017, 2020, 2021 and 2022 when there weren't any increases at all.

That all led to the water fund becoming unsustainable, which needs to be addressed in order to move forward with future water-related projects and operations in the city, according to city staff.

"This fund has been insufficiently funded for eight of the last 12 years, with no rate increases over four years," Brown said. "It is clearly time to adjust the rates and begin our capital improvement programs to sustain the system. We've fallen behind and are operating the water fund/program at a deficit."

But while most of the residents who have spoken at recent council meetings agree that increased water rates are necessary for future capital improvement projects, many have been voicing their concerns about how the city has communicated the information regarding the rates.

According to the staff report, the city has received 80 validated protests as of Sept. 8 in regards to the water rate increases. If the city garners enough written protests – a majority of property owners – by 5 p.m. on Tuesday, then the council will not be able to accept the rate increases as recommended by staff.

"Per the requirements of Proposition 218, if more than a majority of parcels receiving water services protest any proposed rate increase, the City Council may not move forward with implementing the increases," the staff report states. "A final number of protests will be reported at the City Council meeting, and if there is not a majority protest totaling 11,243, then the City Council may proceed with adopting the noticed rates."

Water ratepayers and property owners can either submit their written protests to the city clerk's office or they can bring their protests to the meeting during the public hearing portion of the item.

A recent petition on change.org, which cites just over 1,900 signatures as of Wednesday morning, has also been gaining traction as it claims that city officials have not done a good job communicating accurate information about their proposal.

About a dozen residents also recently spoke out during the Sept. 5 council meeting to voice those concerns.

"If the city came to me and said they need to increase my Pleasanton water charge by 300%, but here are the specific things it will buy and here's why we have to have those things, I could support it. I wouldn't be happy about it, but I could support it. But that's not what's happening," Pleasanton resident Jon Krueger told the council at last week's meeting during the non-agenda comment period.

"The city is not giving accurate figures, there's no specifics on what the money will go for and the whole thing is far from clear. In fact, it's completely confusing," he added.

A lot of the public's disappointment with the city's communication stemmed from a state-mandated public notice brochure that the city sent out a few weeks ago, which many said was very confusing to read and understand.

"This brochure is not worth the money you spent to print it and mail it," said longtime resident Vicki LaBarge as she ripped up a copy of the brochure during her opening remarks to the dais on Sept. 5.

"There's a total lack of transparency for the residents and ratepayers in this community," she added. "How can anyone make an informed decision when there's zero comparison to what someone is paying today?"

But according to the staff report, that level of detail was necessary and even required by law.

"As required by Proposition 218, the public hearing notice must disclose information at a detailed level, serving to highlight the complexity of a rate increase with multiple changes associated with fixed and variable costs further complicated by changes to Zone 7 charges," the report states.

And while Brown said that she and other council members have been meeting and speaking with several residents individually in order to understand some of their concerns, she said that "city staff members stand by the city's figures as true and accurate," and that the city's water rates will continue to be lower than other cities in the region.

"Pleasanton residents have only been paying $497 per year for eight units of water per month, which is almost half of the Livermore rate," Brown said. "After the rate increase, our water rates will be $658 per year for eight units/month. Even with the rate increase, Pleasanton water rates are still at the bottom of the chart."

The council meeting is set to start at 7 p.m. this Tuesday (Sept. 19) and will be held in the Remillard Conference Room at the city's Operations Services Center at 3333 Busch Road in Pleasanton. Read the full agenda here.

As part of the agenda item, the council will also consider whether to increase sewer service rates based on "inflation as defined by the consumer price index," effective Nov. 1.

Later in the meeting, the council will receive an update on the water supply alternatives study, including preliminary results indicating two new wells as the preferred project to address supply concerns due to PFAS contamination locally.

Comments

keeknlinda
Registered user
Vintage Hills
on Sep 19, 2023 at 2:22 pm
keeknlinda, Vintage Hills
Registered user
on Sep 19, 2023 at 2:22 pm

I'm hard-pressed to understand how Mayor Brown considers more than 2,000 residents who have signed the Change.org petition a "handful". And comparing Pleasanton to Marin County Water District is plainly absurd. It's like comparing Pleasanton to Zone 7. Apples and oranges. MCWD has 10 cities 97 wells, 990 miles of distribution pipes, and Mount Tamalpais fire suppression that it serves. Pleasanton serves 1 city with 4 wells, and 330 miles of pipes, with fire not even included in as part of the Water Enterprise.
Both Livermore and Marin also have filed Prop. 218 notices and each explains in detail how monies are spent, what responsibilities the utility has, and clearly defines terms, which are expressed consistently throughout the documents. Pleasanton utilizes pretty-colored tables and graphs that don't have any bearing on what they are trying to illustrate, and then sends an equally confusing newsletter that has even more errors in it than the notice in the first place! But with the caveat that there were "formatting errors".
The rate-paying audience of 2023 is far more sophisticated than it was 8 or so years ago, and until the City Manager, City Council, and City staff recognize and respect that, there will be growing pushback. And not just from a "handful of residents using creative extrapolation". Truth be told, city staff seems to have mastered the art of creative extrapolation and is refusing to back down and present straightforward, accurate, and readily understandable information.


Dean Wallace
Registered user
Stoneridge
on Sep 22, 2023 at 11:16 pm
Dean Wallace, Stoneridge
Registered user
on Sep 22, 2023 at 11:16 pm

I'm dropping into this comment section—attached to a now-outdated article—to make a point: Mayor Brown and City Manager Gerry Beaudin seem to be operating from a perspective where they think they're too smart for their own good. Before I underline this point, let me quote Mayor Brown's two statements in this article regarding the astronomical $1,000/year increase in water rates for the average Pleasanton household at face value.

First quote: 'Mayor Karla Brown told the Weekly last week that she is still weighing out public discourse against the increase and the necessity of raising the costs in order to properly fund the city's water enterprise fund. She said that while the city doesn't agree with the "handful of residents who are challenging the new rates using creative extrapolation," she remains open to hearing out residents' concerns.'

'I have met with some of the residents and received emails from others,' Brown said. 'At this time, I have not decided on my vote for Sept. 19, and I will remain open-minded as I continue to hear from our Pleasanton residents.'

Second quote: 'The city supports these rates as correct and necessary to meet the increasing expenses of our water enterprise fund, to address our aging water infrastructure, to help replace the lost revenue from lower water usage during the recent drought, to fund cost-of-living increases that have not fully covered actual increasing expenses for this fund, and to pay for our future water distribution infrastructure needs that were identified in our two-year capital improvement plan,' Brown said.

If those two quotes seem to be splitting the difference and being too cute by half, it's because they are. How many voters know that a 2-2 vote on a measure like this one—a split Council—means that the rate increase would have FAILED? It was in the interest of Mayor Brown and City Manager Beaudin to see this process continue and to see the can kicked down the road.


Dean Wallace
Registered user
Stoneridge
on Sep 22, 2023 at 11:30 pm
Dean Wallace, Stoneridge
Registered user
on Sep 22, 2023 at 11:30 pm

Unfortunately for both Mayor Brown and City Manager Gerry Beaudin, Councilmember Julie Testa was absent because of a family emergency. Beaudin and Mayor Brown faced a tricky decision: A 2-2 split vote would have meant City Manager Beaudin wouldn't get his way to raise rates on Pleasanton residents by an astronomical $1,000/year, on average, or face a continuance due to broad and intense public opposition. Politically astute, Mayor Brown concluded that her best option was to delay the vote and kick the can down the road. This allows her the opportunity to be on the losing side of a 3-2 vote to approve drastic and unpopular water rate increases, the likes of which no city in the Bay Area has ever seen.

However, and this is a point I believe the City of Pleasanton has drastically underrated, the City's compliance with the legal requirements under Prop 218 was ALREADY questionable. Under Prop 218, cities must clearly disclose the costs to residents both at-large and on a per-parcel basis. It's a requirement the City of Pleasanton has already failed to meet. Now, with this continuance, a new meeting date, and an extended protest period, the City would be in clear violation of Prop 218 if they don't issue another notice to residents.


Dean Wallace
Registered user
Stoneridge
on Sep 22, 2023 at 11:36 pm
Dean Wallace, Stoneridge
Registered user
on Sep 22, 2023 at 11:36 pm

Don't believe me? Just read this -- the literal text of Prop 218 as passed by voters to become a part of the California State Constitution. The City of Pleasanton was already skirting the required transparency regarding fees per parcel. Add to that, the notice the City previously sent out is now incorrect concerning the date and time of the meeting that will make the final decision on these fee increases. This requires a 45-day notice to be sent to all parcel owners. With November 7th less than 45 days away come Monday, we've got a problem.

Let's break down the law for a moment:

"The parcels upon which a fee or charge is proposed for imposition shall be identified. The amount of the fee or charge proposed to be imposed upon each parcel shall be calculated. The agency shall provide written notice by mail of the proposed fee or charge to the record owner of each identified parcel upon which the fee or charge is proposed for imposition, the amount of the fee or charge proposed to be imposed upon each, the basis upon which the amount of the proposed fee or charge was calculated, the reason for the fee or charge, together with the date, time, and location of a public hearing on the proposed fee or charge.

(c) The amount of the proposed assessment for each identified parcel shall be calculated and the record owner of each parcel shall be given written notice by mail of the proposed assessment [...] Each notice shall also include, in a conspicuous place thereon, a summary of the procedures applicable to the completion, return, and tabulation of the ballots required pursuant to subdivision (d), including a disclosure statement that the existence of a majority protest, as defined in subdivision (e), will result in the assessment not being imposed.

(d) Each notice mailed to owners of identified parcels within the district pursuant to subdivision (c) shall contain a ballot... whereby the owner may indicate his or her name, reasonable identification of the parcel, and his or her support or opposition to the proposed assessment."

See what I mean? The City was already on shaky grounds when it came to the transparency requirements of Prop 218 to begin with. Now with this altered date, without the requisite 45-day notice to Pleasanton residents, there is no doubt the City of Pleasanton would be in violation of the Constitution of the State of California, per the requirements of Prop 218 for these kinds of exorbitant increases in water rates. Therefore, should the City vote to increase rates at the November 7th City Council meeting, there is no doubt such a move would be illegal & unconstitutional. Link: Web Link


Dean Wallace
Registered user
Stoneridge
on Sep 23, 2023 at 12:30 am
Dean Wallace, Stoneridge
Registered user
on Sep 23, 2023 at 12:30 am

If the City Council votes to increase water rates at the November 7th meeting—without sending a new notice to Pleasanton residents that clearly outlines the impact on both individual households and the City at large—then they'd be blatantly violating Prop 218 and the California State Constitution. Let me add for the record, that analysis comes from a liberal Democrat like myself. I'm quite confident my legal take here is on solid ground. If the City barrels ahead with this rate hike on November 7th without issuing a new notice—a notice that should spell out both the city-wide financial burden and the per-parcel impact for residents, while also setting a new Council meeting date for the rate decision—then it'd not only be committing an illegal act but also be in gross violation of California's Constitution.

Further legal analysis on Proposition 218 can be found here: Web Link


Don't miss out on the discussion!
Sign up to be notified of new comments on this topic.

Post a comment

In order to encourage respectful and thoughtful discussion, commenting on stories is available to those who are registered users. If you are already a registered user and the commenting form is not below, you need to log in. If you are not registered, you can do so here.

Please make sure your comments are truthful, on-topic and do not disrespect another poster. Don't be snarky or belittling. All postings are subject to our TERMS OF USE, and may be deleted if deemed inappropriate by our staff.

See our announcement about requiring registration for commenting.