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HomeMy WebLinkAbout2019-05-28 - Resolution No. 2019-17 RESOLUTION NO. 2019-17 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT ADJUSTING SEWER RATES EFFECTIVE JULY 1, 2019 AND RESCINDING RESOLUTION NO. 18-22 WHEREAS, pursuant to Water Code Section 31007, the Board of Directors of the Yorba Linda Water District is required to set sewer rates at a level which will yield an amount of revenue sufficient to pay for operating expenses and provide for repairs and depreciation of works; and WHEREAS, on July 16, 2015 and August 31, 2015, the Board of Directors considered the 2015 Water and Sewer Rate Study Report ("Rate Study") and determined that the schedule of sewer rate increases described in the Rate Study is 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 schedule of water and sewer rate increases ("Prop 218 Notice") to all property owners within the District's service area which included the proposed sewer rates for Fiscal Year 2016 (i.e. "FY16"), FY17, FY18, FY19, and FY20; and WHEREAS, on September 17, 2015, and in accordance with article XIII D, the Board of Directors held a public hearing regarding its Prop 218 Notice, and adopted Resolution No. 15-23, which established sewer rates, effective October 1, 2015; and WHEREAS, the Board of Directors has since rescinded Resolution No. 15-23 and adopted and rescinded Resolution Nos. 16-11 and 17-19; and WHEREAS, the aforementioned rescinded Resolutions repeated the Board of Directors' findings, determinations, and resolutions in Sections 2 - 5 of Resolution No. 15-23, which are not repeated in this Resolution to avoid any confusion regarding the findings, determinations, and resolutions to adjust the sewer rates in this Resolution; and WHEREAS, on June 26, 2018, the Board of Directors adopted Resolution No. 18-22, which adjusted sewer rates that took effect on August 1, 2018; and Resolution No.2019-17 Setting Sewer Rates Effective July 1,2019 and Rescinding Resolution No. 18-22 1 WHEREAS, in FY19, following substantial review and analysis, which included Board workshops, District staff prepared a cost of service analysis; and WHEREAS, in accordance with the cost of service analysis and Water Code Section 31007, the Board of Directors desires to adjust District sewer rates for FY20 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. 18-22 is hereby rescinded effective July 1, 2019. Section 3. Sewer rates and customer connection charges for service defined in Sections 6.10 and 6.11 of the Rules and Regulations for Sewer Service with regard to the Rendition of Sanitary Sewer Service of the Yorba Linda Water District are hereby adjusted as follows and will take effect on July 1, 2019: A. Residential: 1. Residential - individually metered $8.10 per month 2. Residential - master metered $7.62 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: $8.10 per month. b. All water consumption in excess of 700 cubic feet per month: $0.52 per 100 cubic feet. 2. Alternatively, for customers who have a sewer meter or who can demonstrate to the District's satisfaction that Resolution No.2019-17 Setting Sewer Rates Effective July 1,2019 and Rescinding Resolution No. 18-22 2 100% 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: $8.10 per month b. All water consumption in in excess of 700 cubic feet per month: $0.52 per 100 cubic feet. PASSED AND ADOPTED this 28th day of May 2019, by the following called vote: AYES: Directors Hall, Hawkins, Jones, Miller, and Nederhood NOES: None ABSTAIN: None ABSENT: None Brooke Jone , President Yorba Linda Water District ATTEST: Annie Alexander, Board Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Andrew B. Gage,6-,tsq. Kidman Gagen Law LLP Resolution No.2019-17 Setting Sewer Rates Effective July 1,2019 and Rescinding Resolution No. 18-22 3