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HomeMy WebLinkAbout2019-05-28 - Resolution No. 2019-16 RESOLUTION NO. 2019-16 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT RATIFYING ACTION TAKEN TO ADJUST WATER RATES EFFECTIVE JULY 1, 2019 AND IMPLEMENT ANY POTENTIAL COMMODITY ADJUSTMENT BY OCTOBER 1, 2019, AND RESCINDING RESOLUTION NO. 18-32 WHEREAS, pursuant to Water Code Section 31007, the Board of Directors of the Yorba Linda Water District (YLWD) is required to set water rates 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, 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 water rate increases described in the Rate Study is necessary and sufficient to cover, without exceeding, the cost to provide water 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 proposed water 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No. 15-22, which established water rates, effective October 1, 2015; and WHEREAS, the Board of Directors has since rescinded Resolution No. 15-22 and adopted and rescinded Resolution No. 16-10; and WHEREAS, rescinded Resolution No. 16-10 repeated the Board of Directors' findings, determinations, and resolutions in Sections 2 - 5 of Resolution No. 15-22, which are not repeated in this Resolution to avoid any confusion regarding the findings, determinations, and resolutions to adjust the water rates in this Resolution; and WHEREAS, on November 13, 2018, the Board of Directors adopted Resolution No. 18- 32, which adjusted water rates that took effect on January 1, 2019; and Resolution No.2019-16 Ratifying Action to Adjust Water Rates Effective July 1,2019 and Rescinding Resolution No. 18-32 1 WHEREAS, in FY19, following substantial review and analysis, which included Board workshops, District staff prepared a cost of service analysis; and WHEREAS, on May 14, 2019, in accordance with the cost of service analysis and Water Code Section 31007, the Board of Directors adopted an adjustment to the Monthly Service Charge effective July 1, 2019 and any potential adjustment to the Water Usage Charge by October 1, 2019 within the confines of the District's water rate schedule published in its Prop 218 Notice; and WHEREAS, the Board of Directors desires to ratify these actions in the form of this Resolution. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Yorba Linda Water District does hereby find, determine, and resolve thefollowing: Section 1. The matters set forth in the foregoing recitals are true and correct. Section 2. Resolution No. 18-32 is hereby rescinded effective July 1, 2019. Section 3. Water rates and customer connection charges for service defined in Section 3.4 of the Rules and Regulations With Regard to the Rendition of Water Service of the Yorba Linda Water District are hereby set forth as follows and will take effect on July 1, 2019: For All Potable Water Service: All Water Usage shall be charged at $2.80 / 100 Cu. Ft. (Does Not Include an additional Pass- through Charge since Resolution No. 18-32) Monthly Service Charge for: 5/8" and 3/4" Meters $ 21.20 1" Meters $ 35.41 1 1/2" Meters $ 70.61 2" Meters $ 113.02 3" Meters $ 247.47 4" Meters $ 445.32 6" Meters $ 989.67 Resolution No.2019-16 Ratifying Action to Adjust Water Rates Effective July 1,2019 and Rescinding Resolution No. 18-32 2 Section 4. Additional rates and fees for service are as follows: The charge for Permanent Untreated Water Service as defined in Section 3.4.3 of the Rules and Regulations for Water Service shall be as follows: 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 per acre foot. PASSED AND ADOPTED this 28th day of May 2019, by the following called vote.- AYES: ote:AYES: Directors Hall, Hawkins, Jones, and Miller NOES: Director Nederhood ABSTAIN: None ABSENT: None Brooke Jones, President Yorba Linda Water District ATTEST: Annie Alexander, Board Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Andrew B. Gage , Esq. Kidman Gagen Law LLP Resolution No.2019-16 Ratifying Action to Adjust Water Rates Effective July 1,2019 and Rescinding Resolution No. 18-32 3