Resolution Number 04-11-16-05RESOLUTION 04-11-16-0,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADOPTING THE SANITARY SEWER
CONNECTION FEE SCHEDULE
WHEREAS, the 2004 Sanitary Sewer Master Plan includes an integrated sanitary
sewer system for the entire City service area and was adopted May 18, 2004; and,
WHEREAS, the 2004 Sanitary Sewer Master Plan identified improvements
necessary to satisfy the demands of the existing customers and potential new development
consistent with the City land use plan; and,
WHEREAS, the 2004 Sanitary Sewer Master Plan valued these projects at
$33,500,000 based on January 2004 estimates corresponding to the Engineering News
Record Construction Cost Index of 7,529 for the Los Angeles area; and,
WHEREAS, the City Council has received a report titled "Consideration of Sewer
Connection Fee Increases" dated November 16, 2004.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San
Juan Capistrano, does hereby resolve as follows:
Section One — Findings
The City Council, based upon review of the Consideration of Sewer Connection Fee
Increases Report, the 2004 Sanitary Sewer Master Plan, and such other information
as has been presented at a noticed public hearing on November 2, 2004, which was
conducted as required by Government Code Section 66016, does hereby find as
follows:
A. The notice of hearing requirements of Government Code Section 66016 has
been satisfied.
B. The Sewer Connection Fee proposed in the Report is a connection fee. The
amount of the proposed Connection Fee does not exceed the estimated
reasonable cost of providing the service and no election is required for
approval of the proposed Connection Fee pursuant to Government Code
Section 66016.
C. As set forth in the Consideration of Sewer Connection Fee Increase Report,
the purpose of the proposed Connection Fee is to provide funding for
sanitary sewer system improvements required to supply new development
and customers as outlined in the 2004 Sanitary Sewer Master Plan.
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D. The proposed Connection Fees are proposed to be imposed on new sanitary
sewer service connections, which place additional demands on the City's
sanitary sewer system. There is a reasonable relationship between the fee's
use and the types of development projects on which the fee is imposed.
There is also a reasonable relationship between the need for sanitary sewer
system improvements and the types of development projects on which the
fee is imposed.
Section Two — Connection Fees
The portion covering the Sewer Connection Charges of the 2004 Sanitary Sewer
Master Plan is hereby adopted, and the revised schedule of Sewer Connection
Fees is hereby adopted as follows:
A. Sewer Connection Charges
1. Single Family Dwelling Unit — Any single family living unit with kitchen
facilities, whether occurring as a residence, multiple dwelling, motel room
with kitchen, mobile home, etc: $3,482 per unit.
2. Non Residential, including commercial, industrial, public buildings,
schools, churches, motels and hotels without individual kitchen facilities;
for each 1,500 square feet of interior floor area or fraction thereof: $3,482.
3. Payment of Charges — For subdivisions the sewer connection fee shall be
paid prior to and as a condition of approval of the subdivision map. All
other sewer connection fees shall be paid prior to and as a condition
precedent to permission to connect to the public sewer system.
4. Charges Subject to Review— Whenever, in the opinion of the City Council,
the sewage discharge from a non-residential connection may exceed a
flow of 7,500 cubic feet per month per acre of connected premises, the
City Council may increase the sewer connection fee.
B. Sewer Service Charge
No Change.
The City Manager is authorized and directed to assess and collect Connection Fees
according to the schedule with respect to each new service connection to the
sanitary sewer system.
Section Three — Sewer Improvement Fund.
All proceeds of the Sewer Connection Fees shall be deposited to the Sewer
Improvement Fund ("the Fund"), and together with any earnings thereof, shall be
separately accounted for. Expenditures from the Fund shall be exclusively for
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capital costs of the City's Sanitary Sewer Master Plan. The City Manager is directed
to notify this City Council when any amounts, on a first in, first out basis, remain
unexpended in the Fund for a period longer than five years.
Section Four – Effective Date.
The developer charges shall take effect sixty (60) days after the adoption of this
resolution.
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The City Council approves and adopts the use of the Engineering News Record
(ENR) Construction Cost Index, Los Angeles Area, as the cost indexfor Connection
Fees. The City Manager is authorized to administratively adjust the Connection
Fees per the ENR Construction Cost Index without further City Council review.
PASSED, APPROVED, AND ADOPTED t ' 16t day o ovember, 2004
n
JOE TO, MAYOR
ATTEST:/_—
MROXRET R. MONAHAN, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do
hereby certify that the foregoing Resolution No. 04-11-16-05 was duly adopted by the City
Council of the City of San Juan Capistrano at a regular meeting thereof, held the 16"' day of
November 2004, by the following vote:
AYES: COUNCIL MEMBERS:
-- NOES: COUNCIL EMBERS:
ABSTAIN: COUNCI MBER
M R A ET R. MONAHAN, City
Allevato, Bathgate, Swerdlin, Hart & Mayor Soto
None
None
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