ENCSD Public Notices

NOTICE OF HEARING

BEFORE THE BOARD OF DIRECTORS OF THE

EAST NILES COMMUNITY SERVICES DISTRICT

To: Property Owners of Record and Tenants in Possession of All Property Within the East Niles Community Services District that Receive Sewer Service

From: East Niles Community Services District

NOTICE IS HEREBY GIVEN that a hearing will be held before the Board of Directors of the East Niles Community Services District (District) on May 18, 2026, at 5:30 p.m., or as soon as thereafter as the matter may be heard, at the District offices, located at 7443 Niles Street, Bakersfield, CA 93306. The purpose of this hearing is to consider and receive comments on the proposed increases to sewer usage rates.

The District provides wastewater collection services and delivers such wastewater to the City of Bakersfield’s Wastewater Treatment Plant No. 2 and Kern Sanitation Authority’s Wastewater Treatment Plant on behalf of District property owners and/or occupants, and bills for those services by and through the County tax collections system. Costs for operation and maintenance of the District’s wastewater collection system, and the City’s operational costs for Wastewater Treatment Plant No. 2, have increased over the last few years and are anticipated to continuously increase in the future. The District is billed by the City of Bakersfield for the District’s portion of operational costs and capital improvement costs associated with the City’s Wastewater Treatment Plant No. 2. According to the City of Bakersfield’s 2026-2030 Sewer Rates & Fees Report, long-term capital improvements are needed to provide service to existing customers and will result in significant additional costs to the District. As shown in the City’s 2026-2030 Sewer Rates & Fees Report, the annual capital improvement costs to the District will increase to an additional $3 million per year starting in 2030. Operation and Maintenance costs billed to the District are expected to increase 3.5% annually. The suggested sewer rate increases below are based upon the findings and recommendations contained in a sewer rate study completed by AECOM, an engineering consultant. This study will be available for public inspection and review, during normal business hours, on and after March 23, 2026, at the District’s office. The proposed rate changes are necessary to ensure sufficient revenues are generated to meet the ever-increasing costs of providing sewer services to our customers. The reasons for the fees, proposed increase to sewer usage rates, the basis upon which they were calculated, and the amount of the proposed increases are described in more detail in the rate study posted at https://www.eastnilescsd.org.

The proposed annual sewer usage rates for your particular property, which will typically be collected through the County of Kern tax collection process, are based upon usage multipliers for the various Sewer User Rate Codes, which are summarized in Table 9 in the AECOM Sewer Rate Study and reproduced herein. The Sewer User Rate Code and proposed annual sewer rate for FY 2026-27 for your property are set forth on the mailing label, opposite the Assessor’s Tax Number (ATN).

If approved, the sewer usage rates will become effective upon adoption by the District’s Board of Directors.

During the public hearing, the Board of Directors will consider all comments, objections, and protests received. Any objection or protest must: (1) be in writing, identifying the name of the property owner and the street address or Assessor’s Tax Number for each property; (2) be signed by the property owner or tenant; and (3) comply with the relevant requirements for a written objection or written protest (as outlined below).

The main differences between an objection and a protest are: a) the deadline for timely submission; b) the additional information required; and c) a timely written objection is required to subsequently bring a legal challenge to the proposed fees.

Timely Written PROTEST

A written protest must clearly state that the property owner opposes the proposed increases to sewer usage rates. To be considered timely, a written protest must be received by the District prior to the close of the public testimony portion of the Public Hearing noticed above. Any timely written objection submitted will also be considered to be a timely written protest. Only one protest will be counted per parcel. Owners of multiple parcels may file one protest for each parcel owned within the District’s sewer service area. If timely written protests are received from owners of a majority of parcels (50%+1) within District’s sewer service area, the proposed increase to sewer usage fees will not be implemented.

Timely Written OBJECTION

Under Government Code section 53759.1, a timely written objection must specify the grounds for alleging that the proposed increases to sewer usage rate fees do not comply with Proposition 218. The deadline for written objections is 5:00 p.m., May 13, 2026, and must be received by the District prior to that deadline. Failure to submit a timely written objection bars any right to challenge the proposed fee through a legal proceeding. (Gov. Code, § 53759.1, subd. (c).) The District will consider all timely objections and will respond in writing prior to the close of the public hearing, and both the objections and the responses will be presented to the District Board of Directors at the public hearing.

If you would like additional information on the proposed sewer rate increase, please contact the District office at (661) 871-2011.

Dated: March 23, 2026

Timothy P. Ruiz, P.E., General Manager

East Niles Community Services District