HomeMy WebLinkAbout2016-07-21 - Resolution No. 16-11 RESOLUTION NO. 16-11
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
SETTING SEWER RATES EFFECTIVE AUGUST 1, 2016
AND RESCINDING RESOLUTION NO. 15-23
WHEREAS, pursuant to Water Code Section 31007, the Board of Directors of the Yorba
Linda Water District (YLWD) is required to set sewer rates at a level which
will pay for the provision of sewer services; and
WHEREAS, on July 16, 2015, the Board of Directors considered the 2015 Water and
Sewer Rate Study, and on August 31, 2015 the 2015 Water and Sewer Rate
Study Report; and
WHEREAS, the Board of Directors determined that the sewer rate increases described
in the 2015 Water and Sewer Rate Study Report are necessary and
sufficient to cover, without exceeding, the cost to provide sewer service to
each customer connection; and
WHEREAS, pursuant to and in compliance with Proposition 218 (California Constitution
Art. XIII D), the District on July 31, 2015 mailed a notice of sewer rate
increase to all property owners within the District's service area which
included the proposed rates for FY 2015/16, FY 2016/17, FY 2017/18, FY
2018/19, and FY 2019/20, and the Board of Directors has received a proof
of mailing; and
WHEREAS, pursuant to Proposition 218 on September 17, 2015 the Board of Directors
held a hearing regarding sewer rates for FY 2015/16, FY 2016/17, FY
2017/18, FY 2018/19, and FY 2019/20 and heard and considered protests;
and
WHEREAS, the Board of Directors previously adopted Resolution No. 15-23, which
established sewer rates effective October 1, 2015; and
WHEREAS, the Board of Directors desires to establish sewer rates for FY 201/617.
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. Resolution No. 15-23 is hereby rescinded.
Resolution No. 16-11 Setting Sewer Rates Effective August 1,2016 and Rescinding Resolution No. 15-23 1
Section 2. Written protests against the proposed rates and charges were not
presented by a majority of owners as set forth in California
Constitution Art. XIII D Section 6(a)(2).
Section 3. The Board of Directors has reviewed the entire record for this matter,
which includes the 2015 Water and Sewer Rate Study Report and
the analysis of expenses and revenues set forth therein. Based upon
the Board of Directors' review, it finds and determines that the record
supports the Board of Directors' findings that:
A. As set forth in the 2015 Water and Sewer Rate Study
Report, revenues derived from the rates and charges will
not exceed the revenues required to provide the property
related service; and
B. As set forth in the 2015 Water and Sewer Rate Study
Report, 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. As set forth in the 2015 Water and Sewer Rate Study
Report, the amount of a rate or charge imposed upon any
parcel or person as an incident of property ownership does
not exceed the proportional cost of the service attributable
to the parcel.
Section 4. 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 5. The Board of Directors hereby determines that no rate or charge will
be imposed for general governmental 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.
Section 6. Sewer rates and customer connection charges for service defined in
Sections 15.01 and 15.02 of the Rules and Regulations With Regard
to the Rendition of Sanitary Sewer Service of the Yorba Linda Water
District are hereby set forth as follows, to take effect on August 1,
2016:
Resolution No. 16-11 Setting Sewer Rates Effective August 1,2016 and Rescinding Resolution No. 15-23 2
A. Residential:
1. Residential - individually metered $6.42 per month
2. Residential - master metered $6.03 per month per unit
B. Commercial-Industrial and Public Schools:
1. 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: $6.42 per month.
b. All water consumption in excess of 701 cubic feet
per month: $4.00 per 1,000 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 1,100 cubic feet per month: $6.42 per month
b. All metered use in excess of 1,101 cubic feet per
month at $5.06 per 1,000 cubic feet.
PASSED AND ADOPTED this 21St day of July 2016, by the following called vote:
AYES: Directors Beverage, Collett, Hawkins, Kiley, Melton
NOES: None
ABSTAIN: None
ABSENT: None
Ric Collett, President
' Yorba Linda Water District
f
a Y
Resolution No. 16-1 ° Setting Sewer Rates Effective August 1,2016 and Rescinding Resolution No. 15-23 3
ATTEST:
Marc Marcantonio, Board Secretary
Yorba Linda Water District
Reviewed as to form by General Counsel:
A''rthur G. Kid/ , E6q.
Kidman Law L P
Resolution No. 16-11 Setting Sewer Rates Effective August 1,2016 and Rescinding Resolution No. 15-23 4