HomeMy WebLinkAbout2023-07-06 - Resolution No. 2023-19RESOLUTION NO. 2023-19
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
ELECTING TO PLACE CAPITAL (FINANCE) CHARGES ON THE
PROPERTY TAX ROLL FOR COLLECTION AND REMITTANCE
TO THE DISTRICT AND ADOPTING THE REPORT TO PLACE SAID
CHARGES ON THE PROPERTY TAX ROLL FOR FISCAL YEAR 2023-24
AND REPEALING RESOLUTION NO. 2022-27
WHEREAS, On June 1, 2023, the Yorba Linda Water District ("District") Board of
Directors adopted Resolution No. 2023-08 approving a schedule of
Capital (Finance) Charges in compliance with substantive and
procedural requirements of Proposition 218 (California Constitution
Art. XIII D).
WHEREAS, The Capital (Finance) Charges are fixed charges based on the 'debt
service principal and interest' payments due each fiscal year for
large-scale water projects.
WHEREAS, Under California Health and Safety Code Sections 5470 et seq., the
District may elect to have the County of Orange Auditor -Controller
place the Capital (Finance) Charges on the Orange County
property tax roll ("Property Tax Roll") for collection and remittance to
the District.
WHEREAS, Collection of the Capital (Finance) Charges on the Property Tax Roll
is efficient, cost-effective for the District, and provides the District with
a predictable revenue stream.
WHEREAS, In accordance with Section 5473 of the California Health and Safety
Code, each fiscal year the District Board of Directors shall cause a
written report ("Report") to be prepared and filed with the Board
Secretary, which contains (1) a description of parcels of real property
within the District receiving water service and (2) the amount of the
Capital (Finance) Charge for each parcel.
WHEREAS, Before the District may collect the Capital (Finance) Charges on the
Property Tax Roll for the first time and for each subsequent fiscal year
thereafter, the District must provide notice of (1) the filing of the
Report with the Board Secretary and (2) the public hearing on the
Report in accordance with Section 5473.1 of the California Health
and Safety Code.
Resolution No. 2023-19 Placing Capital (Finance) Charges on the FY23-24 Property Tax Roll
WHEREAS, For Fiscal Year 2023-24, the District's Board of Directors caused a
Report ("FY23-24 Report") to be prepared and filed with the Board
Secretary, which is incorporated herein by this reference.
WHEREAS, Notice of the filing of the Report and the date, time, and place of
the public hearing thereon was published in the Yorba Linda Star on
June 22, 2023, and June 29, 2023.
WHEREAS, On July 6, 2023, the Board of Directors conducted the hearing as
noticed and considered all timely written and oral protests, if any, to
the FY23-24 Report and the collection of the Capital (Finance)
Charges on the Property Tax Roll.
NOW THEREFORE, BE IT RESOLVED by the Board of Directors of the Yorba Linda
Water District as follows:
Section 1. Written protests to the FY23-24 Report were not made by a majority
of the parcel owners listed in the FY23-24 Report.
Section 2. The FY23-24 Report is hereby adopted in its entirety for entry of the
Capital (Finance) Charges on the Property Tax Roll, and the list of
parcels, as the parcels appear on the current Property Tax Roll
subject to the Capital (Finance) Charges, is hereby certified.
Section 3. The Board of Directors elects to have the County of Orange Auditor -
Controller place the Capital (Finance) Charges on the Property Tax
Roll for collection and remittance to the District.
Section 4. The District's General Manager or their designee is authorized and
directed to file with the County of Orange Auditor -Controller (a) a
copy of this Resolution, (b) the FY23-24 Report, and (c) such other
documentation as the County Auditor -Controller may require to
accomplish the purposes of this Resolution.
Section 5. The District's General Manager or their designee shall ensure that
staff has prepared and distributed, by September 15th of each fiscal
year, District generated invoices for the annual Capital (Finance)
Charge for active water service connections where a distinct
identifying county parcel number is not available.
Section 6. This Resolution shall become immediately effective upon adoption
and shall remain in effect until repealed.
Resolution No. 2023-19 Placing Capital (Finance) Charges on the FY23-24 Property Tax Roll 2
Section 7. Resolution No. 2022-27 is hereby repealed effective immediately
upon adoption of this Resolution.
Section 8. The Board Secretary shall certify to the passage and adoption of this
Resolution by a two-thirds vote of the District's Board of Directors.
PASSED AND ADOPTED this 6th day of July 2023 by the following called vote:
AYES: Directors Barbre, DesRoches, Hawkins, and Miller
NOES: None
ABSTAIN: None
ABSENT: Director Lindsey
ATTEST:
Veronica Ortega, Assistant Board Secretary
Yorba Linda Water District
Reviewed as to form by General Counsel:
AndreKv B. Ga n, Esq.
Kidman Ga en Law LLP
Brett R. Barbre, President
Yorba Linda Water District
Resolution No. 2023-19 Placing Capital (Finance) Charges on the FY23-24 Property Tax Roll 3