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HomeMy WebLinkAbout2020-12-08 - Resolution No. 2020-18 RESOLUTION NO. 2020-18 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT ADJUSTING CERTAIN WATER RATES EFFECTIVE FEBRUARY 1, 2021 AND RESCINDING RESOLUTION NO. 2020-09 WHEREAS, pursuant to Water Code Section 31007, the Board of Directors of the Yorba Linda Water District ("YLWD") is required to set water rates at a level which will yield an amount of revenue sufficient to pay for operating expenses, provide for repairs and depreciation of works, and pay the principal and interest on any bonded debt; and WHEREAS, on July 16, 2015 and August 31, 2015, the Board of Directors considered the 2015 Water and Sewer Rate Study Report ("Rate Study") and determined that the schedule of water rate increases described in the Rate Study is necessary and sufficient to cover, without exceeding, the cost to provide water service to each customer connection; and WHEREAS, pursuant to, and in compliance with, Proposition 218 (California Constitution art. XIII D),the District on July 31, 2015 mailed a notice of schedule of water and sewer rate increases ("Prop 218 Notice") to all property owners within the District's service area which included proposed water rates beginning Fiscal Year 2016; and WHEREAS, on September 17, 2015, and in accordance with article XIII D, the Board of Directors held a public hearing regarding its Prop 218 Notice, and adopted Resolution No. 15-22, which established water rates, effective October 1, 2015, and WHEREAS, the Board of Directors has since rescinded Resolution No. 15-22 and adopted and rescinded Resolution No. 16-10; and WHEREAS, the rescinded Resolution No. 16-10 repeated the Board of Directors' findings, determinations, and resolutions in Sections 2 - 5 of Resolution No. 15-22, which are not repeated in this Resolution to avoid any confusion regarding the findings, determinations, and resolutions to adjust the water rates in this Resolution; and WHEREAS, on June 23, 2020, the Board of Directors adopted Resolution No. 2020-09, which adjusted certain water rates that took effect on August 1, 2020; and WHEREAS, at the end of the first quarter in Fiscal Year 2021, District staff prepared a cost of service analysis and revised the financial projections for the remainder of Fiscal Year 2021, which includes increased cost related to treatment of per and poly-fluoroalkyl substances ("PFAS") and compliance with AB756 ("PFAS Impact Cost"); and Resolution No.2020-18 Adjusting Water Rates Effective February 1,2021 and Rescinding Resolution No. 2020-09 1 WHEREAS, the PFAS Impact Cost will be partially funded by the PFAS Impact Fees listed below in Section 4; and WHEREAS, in accordance with the cost of service analysis and Water Code Section 31007, the Board of Directors desires to adjust certain water charges effective February 1, 2021 within the confines of the District's water rate schedule published in its Prop 218 Notice. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Yorba Linda Water District does hereby find, determine, and resolve the following: Section 1. The matters set forth in the foregoing recitals are true and correct. Section 2. Resolution No. 2020-09 is hereby rescinded effective February 1, 2021. Section 3. Water rates and customer connection charges for service defined in Section 3.4 of the Rules and Regulations with Regard to the Rendition of Water Service of the Yorba Linda Water District are hereby set forth as follows and will take effect on February 1, 2021: For All Potable Water Service: All Water Usage shall be charged at $ 2.86 / 100 Cu. Ft. Monthly Service Charge for: 5/8" and 3/4" Meters $ 22.26 1" Meters $ 37.18 1 1/2" Meters $ 74.14 2" Meters $ 118.67 3" Meters $ 259.84 4" Meters $ 467.59 6" Meters $ 1,039.15 Section 4. PFAS Impact Fee, effective on customer monthly billing statements from February 1, 2021 through December 31, 2021, are hereby set forth as follows: Monthly PFAS Impact Fee for: 5/8" and 3/4" Meters $ 3.40 1" Meters $ 5.66 1 1/2" Meters $ 11.32 2" Meters $ 18.12 3" Meters $ 39.66 4" Meters $ 71.40 6" Meters $ 181.32 Resolution No.2020-18 Adjusting Water Rates Effective February 1,2021 and Rescinding Resolution No.2020-09 2 Section 5. Additional rates and fees for service are as follows: The charge for Permanent Untreated Water Service as defined in Section 3.4.1 of the Rules and Regulations for Water Service shall be as follows: The current Metropolitan Water District of Southern California ("MWD") Untreated Full rate, plus charges by the Municipal Water District of Orange County ("MWDOC"), plus any other fees, charges or penalties as may be imposed by MWD and/or MWDOC, plus $13 per acre-foot. PASSED AND ADOPTED this 8t" day of December 2020, by the following called vote: AYES: Directors DesRoches, Hawkins, Jones, and Miller NOES: None ABSTAIN: None ABSENT: None Phil Hawkins, President Yorba Linda Water District ATTEST: Annie Alexander, Board Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Andrew B. (gen, Esq. Kidman Gagen Law LLP Resolution No.2020-18 Adjusting Water Rates Effective February 1,2021 and Rescinding Resolution No.2020-09 3