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Resolution Number CVWD 00-01-04-1149 RESOLUTION NO. CVWD 00-01-04-1 ADOPTING DEVELOPMENT CHARGES FEE SCHEDULE A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CAPISTRANO VALLEY WATER DISTRICT, ADOPTING THE DEVELOPMENT CHARGES FEE SCHEDULE EFFECTIVE MARCH 5, 2000 WHEREAS, on July 7, 1999, the Board of Directors of the Capistrano Valley Water District adopted Alternative 3 of the May, 1999 Capital Improvement and Replacement Projects Funding Alternatives report to provide funding for needed system improvements; and, WHEREAS, the Water Master Plan identified improvements necessary to satisfy potential new development consistent with elements of the District for lands within the District; and, WHEREAS, the District's Master Plan includes an integrated water system for the entire District and was adopted July 7, 1999; and, WHEREAS, the Board has received a report entitled "Consideration of Fee Increases in Development Charges in Support of the May 1999 Domestic Water Master Plan" dated January 4, 2000. NOW, THEREFORE, BE IT RESOLVED, by the Capistrano Valley Water District Board of Directors, as follows: Section 1. Findings. The Board of Directors, based upon review of the Proposed Increase in Development Charges Report, the Domestic Water Master Plan - May 1999, the Capital Improvement and Replacement Projects Funding Alternative 3 and such other information as has been presented at a noticed public hearing conducted as required by Government Code Section 66016, does hereby find as follows: A. The notice of hearing requirements of Government Code Section 66016 have been satisfied. - B. The Development Charges proposed in the Development Charges Report is a connection fee and/or a capacity charge and/or storage charge. The amount of the proposed Development Charges does not exceed the estimated reasonable cost of providing the service and no election is required for approval of the proposed Development Charges pursuant to Government Code Section 66016. C. As set forth in the Development Charges Report, the purpose of the proposed Development Charges is to provide funding forwater system improvements required to supply new development and customers as outlined in the District's Master Plan. -1- ISO D. The proposed Development Charges are proposed to be imposed on new water service connections, which place additional demands on the District's water system. The Development Charges vary according to the number and size of service connections required by each development project and is a pro rata share, according to demand of capital facilities costs that have been and will be expended to complete the District's Master Plan. 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 water system improvements and the types of development projects on which the fee is imposed. Section 2. Development Charges. The Consideration of Fee Increases in Development Charges in Support of the May 1999 Domestic Water Master Plan Report is hereby approved and adopted. The Schedule of Rates and Charges for Development Charges set forth in the Report is hereby approved and adopted. The General Manager is authorized and directed to assess and collect Development Charges according to the schedule with respect to each new service connection to the District Water system. Section 3. Water Capital Improvement Project Fund. All proceeds of the Development Charges shall be deposited to the Water Capital Improvement Project Fund ("the Fund") and, together with any earnings thereof, shall be separately accounted for. Expenditures from the Fund shall be exclusively for capital costs of the District's Water Master Plan. the General Manager is directed to notify this Board when any amounts, on a first in, first out basis, remain unexpended in the Fund for a period longer than five years. Section 4. Establishment of Cost Index for Development Charges. The Board approves and adopts theuse of the Engineering News Record (ENR) Construction Cost Index. Los Angeles Area, as the cost index for Development Charges. The General Manager is authorized to administratively adjust the Development Charges per the ENR Construction Cost Index annually without further Board review. PASSED, APPROVED, AND ADOPTED this 4th day of January 2000. ATTEST: CLERK OF THE BOARD 602 ' STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, Clerk of the Board of the Capistrano Valley Water District, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. CVWD 00-01-04-1 adopted by the Capistrano Valley Water District Board of Directors at a regular meeting thereof held on the 4th day of January 2000, by the following vote: -3- 151 AYES: Directors Swerdlin, Greiner, Campbell and Chairman Jones NOES: None ABSTAIN: None ABSENT: Director Hart (SEAL) CHERYL O CLERK OF THE BOARD , -3- 151 1S2 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, declare as follows: That I am the duly appointed and qualified Clerk of the Capistrano Valley Water District; That in compliance with State laws of the State of California and in further compliance with District Resolution No. 99-1-5-1, on the 6th day of January , 2000, 1 caused to be posted: RESOLUTION NO. CVWD 00-01-04-1 , being ADOPTING DEVELOPMENT CHARGES FEE SCHEDULE A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CAPISTRANO VALLEY WATER DISTRICT, ADOPTING THE DEVELOPMENT CHARGES FEE SCHEDULE EFFECTIVE MARCH 5, 2000 in three (3) public places in the City of San Juan Capistrano, to wit: City Hall; Community Center Reception area, Orange County Public Library. CHECK LIST i.' f j tt1 7 RES. NO: -CR* ©O-tnl-(9`f -01 Chairman has signed Secretary has signed Agency Seal stamped /All blanks typed �iry� .- "Absent" /"t0.Y "Noes" "Abstain" Copies sent to post file io D•zo mail certified Legal Publication ordered to be published (date) No. Printed copies required Remarks -4- SIL W-01400.1va"Y'AW160