HomeMy WebLinkAbout2009-09-10 - Resolution No. 09-17
RESOLUTION NO. 09-17
' RESOLUTION OF THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT ("DISTRICT")
SETTING WATER RATES IMMEDIATELY EFFECTIVE UPON THE DISTRICT
EXCEEDING ESTABLISHED WATER ALLOCATION LIMITS
AND TEMPORARILY AMENDING RESOLUTIONS NO. 09-15 AND 09-16
WHEREAS, pursuant to Water Code Section 31007, the Board of Directors of the
Yorba Linda Water District is required to set water rates at a level which
will pay for the provision of water services; and
WHEREAS, the Metropolitan Water District of Southern California, the Municipal Water
District of Orange County, and the Orange County Water District have all
adopted water allocation plans with tiered rate structures penalizing
overuse of water which could potentially result in the District's cost of
source water increasing during the coming fiscal year of 2009/2010; and
WHEREAS, the Board of Directors adopted Resolutions No. 09-15 and 09-16 which
establishes water rates as of September 14, 2009 and the Board of
Directors has received and considered a water rate study which shows
that portions of Resolutions No. 09-15 and 09-16 may need to be
amended in order to keep up with the potential increased cost of source
water; and
WHEREAS, pursuant to and in compliance with Proposition 218 (California
Constitution Art. XIII D), the District mailed notice of a water rate increase
to all customers and the Board of Directors has received a proof of
mailing; and
WHEREAS, pursuant to Proposition 218 the Board of Directors has held a hearing and
heard and considered protests; and
NOW THEREFORE, the Board of Directors of the Yorba Linda Water District does
hereby find, determine, and resolve that it is necessary to adopt the following water
rates:
Section 1. The water rates adopted herein temporarily amend and replace the rates
established in Resolutions No. 09-15 and 09-16 through the end of Fiscal
Year 2009/2010, which is June 30, 2010; such amended rates shall take
immediate effect for all water used within Water Overage Levels 1 and 2
as defined in the 2009 Water Rate Report and as established by the
Municipal Water District of Orange County and as explained in the Notice
of Public Hearing attached hereto and incorporated herein.
' Section 2. This resolution is hereby rescinded and the water rates adopted by the
Board of Directors in Resolutions No. 09-15 and 09-16 are hereby
reestablished effective July 1, 2010.
Resolution No. 09-17 Setting Water Rates 1
Section 3. The Board of Directors considered the Adopted Budget for FY 2009/2010
' and the 2009 Water Rate Report; the Board of Directors hereby
determines that the water rate increase described in the Water Rate
Report is necessary and sufficient to cover the cost to provide water
service to each customer.
Section 4. The Board of Directors has held a hearing and determined that no majority
protest exists.
Section 5. The water rates set forth below shall take effect immediately upon the
District exceeding established water allocation limits:
5.a. For all water used within Overage Level 1 $4.49/HCF
Basic Service Charge for All Meter Sizes: $10.20/Month
5.b. For all water used in Overage Level 2 $7.22/HCF
Basic Service Charge for All Meter Sizes: $10.20/Month
PASSED AND ADOPTED this 10th day of September, 2009 by the following called vote:
AYES: Directors Armstrong, Beverage, Collett, Mills and Summerfield
' NOES: None
ABSTAIN: None
ABSENT: None
ohn W. Su geld, President
Yorba Linda Water District
ATTEST:
~
K n Vecchiarelli, Secretary
Yorba Linda Water District
Reviewed as to form by General Counsel:
'Arthur G. Kidman, sq.
' McCormick, Kidman & Behrens
Resolution No. 09-17 Setting Water Rates 2