MALAGA COUNTY WATER DISTRICT NOTICE OF PUBLIC HEARING ON PROPOSED RATE INCREASE FOR WATER AND SEWER SERVICE

HEARING DATE AND TIME: JULY 30, 2024

HEARING LOCATION: 3580 S Frank Street, Fresno, CA 93725

            NOTICE IS HEREBY GIVEN that on Tuesday, July 30, 2024, at 6:00 p.m., or as soon thereafter as the matter may be heard, the Board of Directors of Malaga County Water District (MCWD or District) will conduct a public hearing to consider increasing rates for water and sewer service provided to residences and businesses in the MCWD.  The public hearing will be held in the District office located at 3580 S Frank Street, Fresno, CA 93725. Persons interested in participating in the July 30, 2024, public hearing concerning the proposed increases to water and sewer service rates should appear at the MCWD office on July 30, 2024, at 6:00 p.m.

INFORMATION ABOUT THE PUBLIC HEARING

Why are you receiving this notice?  

            This notice is being furnished to you by the Malaga County Water District pursuant to Article 13(D) of the California Constitution, commonly known as Proposition 218.  Under the terms of Proposition 218, the District is required to notify property owners and persons receiving service at the property of proposed changes to property-related fees such as water and sewer service fees. 

            What do water and sewer rates fund?

            The District provides water and sewer service to customers (commercial and residential) within the District boundaries.  All revenue generated from your water and sewer bill is used to maintain and operate the water and sewer systems.  These revenues must meet the costs of providing water and sewer service such as electricity, chemicals, maintenance, repairs, regulatory fees, capital improvements, and salaries and benefits for District staff and cannot be used for general governmental services. 

            What is the basis for the proposed rate?

            The District has prepared and presented a Rate Study (the “Study”) to the Board.  The Study describes the funds necessary to provide water and sewer services, including accountings which summarize the costs of providing water and sewer service, projected loss(es) or deficit from providing water and sewer service; the proposed rate increases for water and sewer services; the amount of the current and proposed rates for water and sewer service along with the method used to determine the rate increases for each; the basis for calculating the amount of the rate increases; and other matters pertaining to the proposed rate increases.  The Study showing such information is located and on file at the District office located at 3580 S Frank Street, Fresno, CA 93725. The Study is also available for viewing at www.malagacwd.org/notice-of-public-hearing-on-proposed-rate-increase-for-water-and-sewer-service.  

 Effective Date of Increase.

The proposed rates will be effective August 1, 2024.

            Public Hearing Process and Determination of a Majority Protest.

            At the time and place of the public hearing set forth above, the Board of Directors of the District will hear and consider all objections and protests, if any, verify all written protests to the proposed rates and consider all objections and challenges, if any, to the proposed rate increases.  The Directors may continue the public hearing.  The Directors will not consider written protests submitted after the conclusion of the public hearing. Both the owner of the parcel and the person receiving service for which the fee is charged may submit a written protest.  Only one protest per parcel is counted.  The written protest must include (i) your original signature; (ii) identification of the parcel by Assessor Parcel Number (APN) or street address; (iii) identification as the owner of the parcel or person receiving the service for which the fee is charged; and (iv) your statement that you protest the increase in the fees.  Written protests may be presented at the meeting or mailed to 3580 S Frank Street, Fresno, CA 93725, before the close of the public hearing described herein on July 30, 2024, or as it may be continued by the Board of directors. Written protests are not accepted by email or facsimile. 

If sufficient written protests against the proposed rate increases are presented and not withdrawn by a majority of the record owners or persons receiving service for the parcels subject to the increased rates, the District may not impose the proposed rates; rather the rates for water and sewer services would continue at the current amounts, which have been previously approved.  If at the close of the public hearing, there is no majority protest as described above, the Directors may approve the rate increases as proposed to be effective to commence on August 1, 2024.

            Preserving the Right to Challenge.

            Any person who wants to preserve the opportunity to file a lawsuit or legal action challenging the proposed rate increases for water and sewer services must file a written protest with the Directors, stating the specific grounds of the protest.  Any grounds not stated in a written protest filed with or delivered to the Directors before the close of the protest hearing described herein on July 30, 2024, will be deemed waived and may not be raised in any subsequent lawsuit or legal action. 

            Additional Information.

            Notice of the proposed new water and sewer rates were mailed to the owners of parcels (as listed on the last equalized assessment rolls of Fresno County) and each property receiving service within the District as required by Article 13(D) of the California Constitution on or before June 14, 2024. A copy of the Notice of Hearing is available for review at the District office and online at www.malagacwd.org/notice-of-public-hearing-on-proposed-rate-increase-for-water-and-sewer-service.  For additional information and answers to questions about the proposed increase in rates, contact the Malaga County Water District, by email at info@malagacwd.org,  by phone at telephone number (559) 485-7353, or mail at 3580 S Frank Street, Fresno, CA 93725.