HomeMy WebLinkAbout2023-06-01 - Resolution No. 2023-09RESOLUTION NO. 2023-09
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
ADJUSTING SEWER RATES AND CHARGES
EFFECTIVE JULY 1, 2023 AND
RESCINDING RESOLUTION NO. 2022-08
WHEREAS, pursuant to California Water Code Section 31007, the Board of
Directors of the Yorba Linda Water District is required to set sewer
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 sanitation
and sewerage system and to collect those rates and charges on the
County of Orange property fax roll.
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 the schedules of
proposed sewer 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 a new five-year schedule of 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 schedule of sewer rates and charges in
the Prop 218 Notice and the Board of Directors adopted the
proposed new schedule.
WHEREAS, the District Board of Directors previously adopted Resolution No.
2021-15 which established sewer rates and charges effective July 1,
2021.
Resolution No. 2023-09 Adjusting Sewer Rates and Charges Effective July 1, 2023
WHEREAS, Resolution No. 2021-15 stated the Board of Directors' findings,
determinations, and resolutions to adopt a new proposed schedule
of sewer rates and charges, which are not repeated in this Resolution
to avoid any confusion regarding the findings, determinations, and
resolutions to adjust the sewer rates and charges in this Resolution in
accordance with the previously adopted schedule.
WHEREAS, Resolution No. 2022-08 stated the Board of Directors' findings,
determinations, and resolutions to adopt a new proposed schedule
of sewer rates and charges, which are not repeated in this Resolution
to avoid any confusion regarding the findings, determinations, and
resolutions to adjust the sewer 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 sewer
rates and charges effective July 1, 2023 within the confines of the
District's sewer 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. 2022-08 is hereby rescinded effective July 1, 2023.
Section 3. The District sewer rates and customer connection charges for sewer
service are hereby adjusted as follows and will take effect on July 1,
2023:
A. Residential:
1. Residential - individually metered $11.97 per month
2. Residential - master metered $11.52 per month per
unit
Resolution No. 2023-09 Adjusting Sewer Rates and Charges Effective July 1, 2023 2
B. Commercial -Industrial and Public Schools:
For all sewer customers in this category who use
meter readings, the rate is as follows:
a. First 700 cubic feet per month of water
consumption per month: $11.97 per month.
b. All water consumption in excess of 700 cubic
feet per month: $0.46 per 100 cubic feet.
2. Alternatively, for customers who have a sewer meter
or who can demonstrate to the District's satisfaction
that 100% of the water meter reading ends up in the
District's sewer system, the rate is as follows:
a. First 700 cubic feet per month of water
consumption per month: $11.97 per month
b. All water consumption in excess of 700 cubic
feet per month: $0.46 per 100 cubic feet.
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
Brett R. Barbre, President
Yorba Linda Water District
ATTEST:
Annie Alexander, Board Secretary
Yorba Linda Water District
Reviewed as to form by General Counsel:
Andrew B. G gen, Esq.
Kidman G gen Law LLP
Resolution No. 2023-09 Adjusting Sewer Rates and Charges Effective July 1, 2023 3