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HomeMy WebLinkAbout1985-11-21; Municipal Water District; Resolution 481RESOLUTION NO. 481 c RESOLUTION OF THE BOARD OF DIRECTORS OF COSTA REAL MUNICIPAL WATER DISTRICT INCREASING THE MAJOR FACILITIES CHARGE ESTABLISHED PURSUANT TO RESOLUTION NO. 439 WHEREAS, based upon investigation and study, the Board of Directors of the Costa Real Municipal Water District has determined that the public interest, health and general welfare of the District and its inhabitants require the acquisition and construction of water facilities and systems necessary to service new and-altered structures within the boundaries of the District; and WHEREAS, the Board of Directors has determined that, in order to provide funds for such facilities, charges therefor should be paid by the owner or owners of land upon which such structures are constructed or altered, to be known as Major Facilities Charges and Direct Connection Surcharges; and WHEREAS, on July 20, 1983, the Board of Directors of the District adopted a schedule of Major Facilities Charges to defray the reasonable estimated costs of acquiring and constructing major water facilities necessitated by construction of new development within the District by enacting Resolution No. 439; and W-HEREAS, the Major Facilities Charge was established based upon the "Major Water Facilities Financing Plan and Rate Study, April 1983" ("Rate Study"), which recommended annual increases in Major Facilities Charges P 1 based upon anticipated future needs; and WHEREAS, no fee increases have been implemented since January 1984; and WHEREAS, the Board of Directors has reviewed and considered the Draft Master Plan for Public Water System ("Master Plan") prepared by Woodside/Kubota & Associates analyzing the capital improvement needs of the District through buildout, based upon the General Plan and growth projections of the City of Carlsbad and SANDAG population projections; and WHEREAS, the Board of Directors has reviewed and considered the Capital Improvement Plan Second Draft, Oct- ober 3, 1985 ("CIP"), further analyzing the recommendations of the Master Plan and financing options available to the District for capital facilities; and WHEREAS, on October 30, 1985, the Board of Directors directed staff to prepare recommendations upon a tentative project list for the "Phase I" five-year planning period, based upon the Rate Study, Master Plan and CIP and return recommendations to the Board on November 6, 1985; and WHEREAS, on November 6, 1985, the Board reviewed and considered the staff report recommending an increase in the major facilities charge from $880 to $1590, beginning in January 1986, a draft Negative Declaration on such project, and approved and ordered a special meeting of the Board of Directors on November 21, 1985, to consider the recommendations and environmental documentation; and 2 WHEREAS, the Rate Study, Master Plan, CIP, draft c Negative Declaration and staff report were available for public review at the offices of the District on and after November 5, 1985; and WHEREAS, on November 6, 1985, public notice of the public hearing on the negative declaration and public meeting on the increase in Major Facilities Charges was duly given, and WHEREAS, the Board of Directors conducted a public hearing on the draft Negative Declaration and a public meeting on the increase in Major Facilities Charges necessary to accommodate development; and WHEREAS, the Board of Directors has considered the public comments submitted on these matters, the reports available to the Board, and the anticipated needs of the District; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Costa Real Municipal Water District: 1. The Board of Directors hereby finds that during the next five years new residential, commercial, industrial and other development within the District's service area will require acquisition, design, construction and installation of a number of capital improvements, which improvements are expected to include three reservoirs, a water treatment facility, and telemetry control system, at an estimated cost of $9.51 million. The Board further finds these costs will be incurred in addition to expenditures for the major facilities already financed and constructed or under 3 construction pursuant to the 1983 Certificate of Participation program of the District. 2. The Board of Directors has previously found and determined that a major facilities charge based upon the estimated number of equivalent dwelling units ("EDUS") to be demanded by a development is a fair, reasonable and equitable method of apportioning the costs of major facilities to be required by such developments since EDUs are based upon expected water consumption and fire flow demands of new developments. 3. The Board of Directors finds that a major facilities charge of $1590 per equivalent dwelling unit will not exceed the reasonable cost of providing water service to new developments, based upon the plans reviewed by the Board for providing service and estimated costs of their implementation. 4. The Board of Directors further finds that the application of the EDU formulae established in Resolution No. 439 to the estimated costs of major facilities to be required over the next five years is a fair, reasonable and equitable method of apportioning costs, and that the estimated costs have been fairly and reasonably allocated between new and existing users of the water system. 5. The Board of Directors declares that it has reviewed and considered the initial study, draft Negative Declaration and public comments thereon relevant to the increase in major facilities charges proposed. 4 6. The Board of Directors certifies that it has complied with the requirements of the California Environmental Quality Act and District guidelines. 7. The Board of Directors finds that there is no substantial evidence that increasing the major facilities charges of the District from $880 to $1590 per equivalent dwelling unit will have a significant effect on the environment , and adopts the Negative Declaration, attached. 8. The Board of Directors directs staff to prepare and file, within five working days, a notice of determination on the increase in the major facilities charges. 9. Paragraph 2, section (b) of Resolution No. 439 is hereby amended to read: (b) The major facilities charge shall be an amount per equivalent dwelling unit (EDU) as herein identified. The amount of the major facilities charge per EDU shall be as follows: $300 per EDU August 1, 1983 through December 31, 1983 $400 per EDU January 1, 1984 through March 31, 1984 $600 per EDU April 1, 1984 through June 30, 1984 $880 per EDU July 1, 1984 through January 19, 1986 $1590 per EDU January 20, 1986 and thereafter until changed by resolution of the Board of Directors of Costa Real Municipal Water District. 10. Except as specifically set forth herein, Resolution No. 439 shall remain in full force and effect. 5 PASSED AND ADOPTED at a special meeting of the /c Board of Directors of Costa Real Municipal Water District held on the 21st day of November, 1985. by the following vote : AYES : NOES : ABSENT: ATTEST: Directors Almack, Maerkle and Bonas None Directors Haasl and Kelly Costa@eal Municipal Water District and the Board of Directors thereof &&M Fred hf. Maefile, Secretary of the Costa R a1 Municipal iater District an f the Board of Directors thereof 6 i- STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO 1 1 ss I, FRED W. MAERKLE, Secretary of COSTA REAL MUNICIPAL WATER DISTRICT and of the Board of Directors thereof, do hereby certify that the foregoing Resolution was duly adopted by the Board of Directors of said District at a special meeting of the Board held on the 21st day of November 1985, and that it was adopted by the following vote: AYES : Directors: NOES : Directors: ABSENT: Directors: Almack, Maerkle and Bonas None Haasl and Kelly < e@- i l- .. ,I Fred ‘W. Maerkl cretary of COSTA REAL MUN L WATER DISTRICT and the Board of Directors thereof