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HomeMy WebLinkAbout2007-12-13 - Resolution No. 07-17RESOLUTION NO. 07-17 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT SETTING WATER RATES EFFECTIVE JANUARY 1, 2008 AND RESCINDING RESOLUTION NO. 04-07 WHEREAS, pursuant to Water Code Section 31007, the Board of Directors of the Yorba Linda Water District ("District") is required to set water rates at a level which will pay for the provision of water services including depreciation and other overhead; and WHEREAS, the Board of Directors has adopted Rules and Regulations for the District which set water rates and categories; WHEREAS, as of this year, the rate increase here is subject to the substantive and procedural requirements of Proposition 218 (California Constitution Art. XIII D) and meets all such requirements; and WHEREAS, pursuant to those requirements, the District mailed notice of a water rate increase to all customers; and WHEREAS, the notice identified the property receiving the water service; explained the maximum rate proposed; explained the reason for the increase and the way in which it was calculated (including but not limited to the pass through of rates from the five energy and water providers) and gave notice of a public hearing on such increase; and WHEREAS, as explained in the notice, the District made available at the District office the Water Rate Report, which explains the rate structure and proposed increase in greater detail; and WHEREAS, as explained in the Notice and the Water Rate Report, the rate increase is not being used for a general governmental purpose but to pay for the costs of water service actually provided to the property as those are identified in the Notice (including but not limited to certain capital improvements and replacements necessary for delivery of water to customers and properties within the District; and WHEREAS, the revenues from water rates do not exceed the amount required to provide such service and are equivalent to the amount of service received; and WHEREAS, the revenues collected from water rates have been and will be used only to pay for the water services for which they were collected; and WHEREAS, the water service provided is not a standby charge, but is for water immediately available to the property identified; and WHEREAS, on December 13, 2007, the Board conducted a public protest hearing on the water rate increase; and WHEREAS, the Board considered all comments, for and against, such water rate increase, and specifically considered all protests, written and oral, against the proposed increase, and entered such written protests into the record of such hearing; and WHEREAS, fewer than twenty written protests have been received at or before the time for hearing, which do not constitute a majority protest; WHEREAS, the Water Rate Report also recommends that all discounts applied to agricultural accounts be eliminated and all six accounts in this category therefore will be transferred into the landscape category effective January 1, 2008; and WHEREAS, the Board of Directors of the District has, from time to time, adopted Resolutions to change the water rates services provided by the District; and specifically adopted Resolution No. 04-07, setting water rates; WHEREAS, the water rates adopted herein shall take effect for all billings on or after January 1, 2008, and shall remain in effect until changed by the Board after notice and hearing; and NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District to adopt water rates as follows: Section 1. All Recitals set out above are true and correct. Section 2. Resolution No. 04-07 is repealed in its entirety. Specifically, the booked irrigation and demand irrigation agricultural account are abolished, and all such accounts are transferred to the landscape category. Section 3. All rates set out below shall be subject to the following pass through charges calculated in the following way: Increased costs of purchased water and energy costs which are charged to YLWD by the Municipal Water District of Orange County ("MWDOC"), Orange County Water District ("OCWD"), the Metropolitan Water District ("MWD"), Southern California Edison ("Edison") and/or the Southern California Gas Company ("Gas Co.") will pass through by determining the unit cost per 100 cubic feet of 2 water and then applying such cost to retail accounts on the basis of water usage. Section 4. Staff is directed to take any and all steps necessary to implement such rates. Section 5. The water rates set forth below in Sub-Section a, b, c and d shall take effect beginning with all meter readings and water billings that occur on and after January 1, 2008. 5.a Water rates for service defined in Section 3.6 of the Rules and Regulations of the Yorba Linda Water District are hereby amended as follows: All water service: All water at: $1.79/100 Cu. Ft Minimum Monthly Charge for all meter sizes: $8.35/month 5.b. Permanent Untreated Water Service: 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 $13.00 per acre foot. 5.c The charge for Temporary service as defined in Section 3.7.1 of the Rules and Regulations for Water Service shall be as follows: 3.7.1 TEMPORARY SERVICE: The rate per hundred cubic feet shall be two times the rate specified for all water service plus $2.50 per day for each day that the meter is available for use by the customer. A security deposit of $1,000 is required at the time of rental and the deposit will be returned within15 days of the return of the meter. 5.d The monthly rates for Private Fire Service Protection, as defined in Section 3.8 of the Rules and Regulations for Water Service, shall be as follows: Meter Size Monthly Charae 4 inch $16.00 6 inch $35.00 8 inch $59.00 10 inch $94.00 3 [1 Section 6. Resolution No. 04-07 is hereby rescinded effective on January 1, 2008. PASSED AND ADOPTED this 13th day of December, 2007, by the following called vote: AYES: Armstrong, Beverage, Collett, Mills, Summerfield NOES: None ABSENT: None ABSTAIN None Ric Collett, President 1 ATTEST: fvrSecretary, Michael A. Payne Assistant Secretary, Kenneth R. Vecchiarelli 4