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Home My WebLink About2021-06-08 - Resolution No. 2021-14 RESOLUTION NO. 2021-14 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT ESTABLISHING NEW SCHEDULES OF WATER RATES AND CHARGES EFFECTIVE JULY 1, 2021 AND RESCINDING RESOLUTION NO. 2020-18 WHEREAS, pursuant to California Water Code Section 31007, the Board of Directors of the Yorba Linda Water District ("YLWD") is required to establish 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. WHEREAS, Section 5470 et seq. of the California Health and Safety Code authorizes YLWD to establish rates and charges regarding water and to collect those rates and charges on the County of Orange property tax roll. WHEREAS, pursuant to California Government Code Section 53756, YLWD may adopt a schedule of fees or charges authorizing automatic adjustments that passthrough increases in wholesale charges for water. WHEREAS, the District Board of Directors previously adopted Resolution No. 2020-18, which established water rates effective February 1, 2021 . WHEREAS, At the Board of Directors meeting on April 13, 2021 , the Board of Directors considered, received and filed the 2021 Water and Sewer Rate Study Report ("2021 Rate Study"), including schedules of water rate increases described in the Rate Study. WHEREAS, pursuant to, and in compliance with, Proposition 218 (California Constitution art. XIII D), the District on April 22, 2021 mailed a notice of its public hearing to consider pass-through charges and new five-year schedules of water (and sewer rate) increases ("Prop 218 Notice") to all YLWD customers and parcel owners within the District's service area; and WHEREAS, on June 8, 2021, and in accordance with article XIII D, Section 6, the Board of Directors held a public hearing regarding its Prop 218 Notice and considered timely written and oral protests, if any, to the 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 Resolution No. 2020-18 is hereby rescinded effective July 1 , 2021. Section 3. Timely written protests, if any, against the proposed new schedules of water rates and charges in the Prop 218 Notice were not presented by a majority of parcel owners. Resolution No.2021-14 of Establishing New Schedules of Water Rates and Charges Effective July 1,2021 1 Section 4. The Board of Directors reviewed the record for this matter, which includes the 2021 Rate Study and the analysis of expenses and revenues set forth therein. Based on that review, the Board of Directors finds and determines that the record supports the following: A. Revenues derived from the rates and charges will not exceed the revenues required to provide the property related service; and B. Revenues derived from the rates and charges will not be used for any purpose other than that for which the rates or charges are imposed; and C. The amount of a rate or charge imposed upon any parcel or customer as an incident of property ownership or service connection does not exceed the proportional cost of service attributable to the parcel/service connection. D. No rate or charge will be imposed for a service unless that service is actually used by, or immediately available to, the owner of the property or service connection in question. E. No rate or charge will be imposed for general government services including, but not limited to, police, fire, ambulance or library services, where the service is available to the public at large in substantially the same manner as it is to property owners or customers on record. Section 5. The Board of Directors hereby determines that no rate or charge will be imposed for a service unless that service is actually used by, or immediately available to, the owner of the property in question. Section 6. The District water rates and charges for water service are established as follows and will take effect on July 1,2021: For All Potable Water Service: All Water Usage shall be charged at $ 2.64 / 100 Cu. Ft. Monthly Service Charge for: 5/8" and 3/4" Meters $ 27.65 1" Meters $ 43.13 1 1/2" Meters $ 81.80 2" Meters $ 128.21 3" Meters $ 275.19 4" Meters $ 491.77 6" Meters $ 1,242.10 Resolution No.2021-14 of Establishing New Schedules of Water Rates and Charges Effective July 1,2021 2 Monthly Private Fire Protection Charge for: 4" Meters $ 7.85 6" Meters $ 20.57 8" Meters $ 42.54 10" Meters $ 75.56 Annual Capital (Finance) Charge for: 5/8" and 3/4" Meters $ 68.04 1" Meters $ 113.52 1 1/2" Meters $ 226.92 2" Meters $ 362.88 3" Meters $ 793.68 4" Meters $ 1,428.36 6" Meters $ 3,627.72 Section 7. PFAS Impact Fee, effective on customer monthly billing statements from July 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 Section 8. Drought Rates, as scheduled, would become effective on customer monthly billing statements per ccf of potable water in addition to the Commodity Rate in effect should a mandate by the State of California or other agency of authority be declared. The schedule effective July 1, 2021 is hereby set forth as follows: Drought Stage Water Use Addition per ccf Reduction No Drought 0% $0.00/ccf Stage 1 10% $0.12/ccf Stage 2 20% $0.26/ccf Stage 3 30% $0.55/ccf Stage 4 50% $1.01/ccf Resolution No.2021-14 of Establishing New Schedules of Water Rates and Charges Effective July 1,2021 3 Section 9. 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 8th day of June 2021, by the following called vote: AYES: Directors DesRoches, Hawkins, Lindsey, and Miller NOES: Director Jones ABSTAIN: None ABSENT: None `15hil Hawkins, President Yorba Linda Water District ATTEST: Annie Alexander, Board Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Andrew B. Gagen, Esq. Kidman Gagen Law LLP Resolution No.2021-14 of Establishing New Schedules of Water Rates and Charges Effective July 1,2021 4