Resolution Number CVWD 00-9-5-1209
' RESOLUTION NO. CVWD 00-9-5-1
ADOPTING DEVELOPMENT CHARGES FEE SCHEDULE -
NON-DOMESTIC WATER SYSTEM
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CAPISTRANO
VALLEY WATER DISTRICT, ADOPTING THE NON-DOMESTIC WATER
SYSTEM DEVELOPMENT CHARGES FEE SCHEDULE EFFECTIVE
NOVEMBER 5, 2000
WHEREAS, the District's Non -Domestic Water Master Plan was complete in
January 2000, and includes an integrated non-domestic water system for the entire District;
and,
WHEREAS, the Non -Domestic 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 Board of Directors of the Capistrano Valley Water District on
January 18, 2000, adopted the Non -Domestic Water Master Plan; and,
' WHEREAS, the Standard Specifications for construction of Domestic Water
and Non -Domestic Water Facilities describes developer plan submission and fee collection
milestone dates; and,
WHEREAS, the Water Advisory Commission has reviewed and approved the
proposed Funding Strategy for the Non -Domestic Water Master Plan dated April 26, 2000,
and instructed the staff to begin the process of public notice and hearings required to
change rate fees, development fees, and related fees and charges.
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 the
New Non -Domestic Water Development Charges Report, the Non -Domestic Water Master
Plan - January 2000, the Funding Strategy for the Non -Domestic Water Master Plan dated
April 26, 2000, 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.
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B. The Non -Domestic Water Development Charges proposed in the Non -
Domestic Water Development Charges Report is a connection fee and/or a capacity
charge. The amount of the proposed Non -Domestic Water 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 Non -Domestic Water Development Charges Report,
the purpose of the proposed Non -Domestic Water Development Charges is to provide
funding for non-domestic water system improvements required to supply new development
and customers as outlined in the District's Master Plan.
D. The proposed Non -Domestic Water Development Charges will be
imposed on new water service connections, which place additional demands on the
District's non-domestic water system. The Non -Domestic Water Development Charges
vary according to the irrigated acreage and average annual irrigation demand generated 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 Non -Domestic Water
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 non-domestic water system improvements and the types of
development projects on which the fee is imposed.
SECTION 2. Non -Domestic Water Development Charges.
The Consideration of new Non -Domestic Water Development Charges in
support of the January 2000 Non -Domestic Water Master Plan Report is hereby approved
and adopted. The Schedules 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 Non=Domestic Water Development Charges according to the
schedule with respect to each new service connection to the Non -Domestic District Water
System.
SECTION 3. Non -Domestic Water Capital Improvement Proiect Fund.
All proceeds of the Non -Domestic Water Development Charges shall be
deposited to the Non -Domestic 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 Non -Domestic 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.
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' SECTION 4. Establishment of Cost Index for Development Charqes.
The Board approves and adopts the use of the Engineering News Record
(ENR) 20 Cities Construction Cost Index, as the cost index for Non -Domestic Water
Development Charges. The General Manager is authorized to administratively adjust the
Non -Domestic Water Development Charges per the Engineering News Record
Construction Cost Index annually without further Board review.
SECTION 5. Time of Payment of Fees.
The Non -Domestic Water System Development Charges will be collected in
accordance with the developer plan submission and fee collection milestone dates
described in Sections 200 and 300 of the Standard Specifications for the Construction of
Domestic Water and Non -Domestic Water Facilities.
PASSED, APPROVED, AND ADOPTED this 5`h day of September, 2000.
WYA7 HART, CHAIRMAN
ATTEST:
CLERK OFT BOARD
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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 00-9-9-1 adopted by the Capistrano Valley Water District Board
of Directors at a regular meeting thereof held on the 51" day of September, 2000, by the
following vote:
AYES: Directors Bathgate, Greiner, Campbell, SWerdlin
and Chairman Hart
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL J S N, CLERK OF THE BOARD
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
AFFIDAVIT OF POSTING
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 7`h day of September, 2000, 1
caused to be posted:
RESOLUTION NO. CVWD 00-9-5-1 , being
ADOPTING DEVELOPMENT CHARGES FEE SCHEDULE -
NON-DOMESTIC WATER SYSTEM
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CAPISTRANO
VALLEY WATER DISTRICT, ADOPTING THE NON-DOMESTIC WATER
SYSTEM DEVELOPMENT CHARGES FEE SCHEDULE EFFECTIVE
NOVEMBER 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.
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CHERYLJOdNSON,
Rt OF THE :••:D
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