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HomeMy WebLinkAbout2023-06-01 - Resolution No. 2023-08RESOLUTION NO. 2023-08 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT ADJUSTING WATER RATES AND CHARGES EFFECTIVE JULY 1, 2023 AND RESCINDING RESOLUTION NO. 2022-07 WHEREAS, pursuant to California Water Code Section 31007, the Board of Directors of the Yorba Linda Water District ("YLWD") is required to set water rates and charges 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 pass through increases in wholesale charges for water. 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 proposed 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 a new five-year schedule of water (and sewer rate) increases ("Prop 218 Notice") to all YLWD customers of record and parcel owners within the District's service area. 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. WHEREAS, at the public hearing, a majority of parcel owners did not protest against the proposed new schedules of water rates and charges in the Prop 218 Notice, and the Board of Directors adopted the proposed new schedule. Resolution No. 2023-08 of Adjusting Water Rates and Charges Effective July 1, 2023 WHEREAS, the District Board of Directors previously adopted Resolution No. 2021-14 which established water rates and charges effective July 1, 2021. WHEREAS, Resolution No. 2021-14 stated the Board of Directors' findings, determinations, and resolutions to adopt a new proposed schedule of water rates and charges, which are not repeated in this Resolution to avoid any confusion regarding the findings, determinations, and resolutions to adjust the water rates and charges in this Resolution in accordance with the previously adopted schedule. WHEREAS, Resolution No. 2022-07 stated the Board of Directors' findings, determinations, and resolutions to adopt a new proposed schedule of water rates and charges, which are not repeated in this Resolution to avoid any confusion regarding the findings, determinations, and resolutions to adjust the water rates and charges in this Resolution in accordance with the previously adopted schedule. WHEREAS, following substantial review and analysis, which included multiple Board workshops, District staff prepared a cost of service analysis for Fiscal Year 2023-24. WHEREAS, in accordance with the cost of service analysis and Water Code Section 31007, the Board of Directors desires to adjust certain water rates and charges effective July 1, 2023 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. 2022-07 is hereby rescinded effective July 1, 2023. Section 3. The District water rates and charges for water service are hereby adjusted as follows and will take effect on July 1, 2023: For All Potable Water Service: All Water Usage shall be charged at: $ 3.45 / 100 Cubic Feet (ccf) (Includes a $0.31 Pass -Through Adjustment) Resolution No. 2023-08 of Adjusting Water Rates and Charges Effective July 1, 2023 2 Monthly Service Charge for: 5/8" and 3/4" Meters $ 32.86 1 " Meters $ 51.26 1 1/2" Meters $ 97.20 2" Meters $ 152.33 3" Meters $ 326.96 4" Meters $ 584.28 6" Meters $ 1,475.75 Monthly Private Fire Protection Charge for: 4" Meters $ 9.34 6" Meters $ 24.45 8" Meters $ 50.55 10" Meters $ 89.79 Annual Capital (Finance) Charge for: 5/8" and 3/4" Meters 1 " Meters 1 1/2" Meters 2" Meters 3" Meters 4" Meters 6" Meters $ 81.00 $ 135.00 $ 269.76 $ 431.28 $ 943.08 $ 1,697.16 4,310.16 Section 4. 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 be declared by the State of California or other agency of authority. The schedule effective July 1, 2023 is hereby set forth as follows: Drought Water Use Additional Equivalent Stage Reduction Charge. Shortage Level in WSCP* No Drought 0% $0.00/ccf 0 0% -Normal Stage 1 10% $0.16/ccf 1 (Up to 10%) Stage 2 20% $0.32/ccf 2 (Up to 20%) Stage 3 30% $0.66/ccf 3 (Up to 30%) 4 Up to 40%) 1.22/ccf Stage 4 50% $ 5 (Up to 50%)6 (>507o) *2020 Water Shortage Contingency Plan Resolution No. 2023-08 of Adjusting Water Rates and Charges Effective July 1, 2023 3 PASSED AND ADOPTED this l st day of June 2023, by the following called vote: AYES: Directors Barbre, DesRoches, Lindsey, and Miller NOES: None ABSTAIN: None ABSENT: Director Hawkins ATTEST: Annie Alexander, Board Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Anci,4w B. G en, Esq. Kidman Ga en Law LLP Brett R. Barbre, President Yorba Linda Water District Resolution No. 2023-08 of Adjusting Water Rates and Charges Effective July 1, 2023 4