HomeMy WebLinkAbout1993-04-26 - AGENDA REPORTS - CASTAIC LAKE WATER AGENCY (2)1• TO:
FROM:
CITY OF SANTA CLARITA
I N T E R O F F I C E M E M O R A N D U M
Mayor and Members of the C
George Caravalho, City Man
DATE: April 26, 1993
SUBJECT: Castaic Lake Water Agency
70
The Castaic Lake Water Agency (CLWA) may possibly lose
approximately $6.5 million in property tax due to a shift in
revenue allocations by the State Legislature. :This potential
reallocation is part of the state's effort to balance its
budget through a shift of traditionally local revenue sources
to the state.
CLWA's property tax revenue is an integral component of the
Agency's Capital Improvement Program:. The state is encouraging
enterprise special districts and other local governments.to use
their revenue raising authority to offset funding losses.
CLWA's legislative act provides for one annual hearing and
Board of Directors' action which must be concluded not less
than sixty days prior to the beginning of the new fiscal year .
(July 1) for purposes of adjusting fee schedules. On April 21,
1993, the Agency Board held a public hearing,considering
increases in connection fees, water rates and implementation of
parcel stand-by charges as means to offset the potential loss
of property tax revenue.
The City Council has previously expressed concern over the
taking of local revenues by the state and resulting cumulative
actions as individual local jurisdictions seek to reduce
funding losses through imposition or increase.of local revenue
raising options.
Representatives of the Castaic Lake water Agency will make a
presentation to the City Council outlining the specific actions
of the Board of Directors in responding to the possible
property tax loss. Attached is a copy of,CLWA Resolution 910
which outlines the finance options considered by the Board of
Directors.
RECOMMENDATION
Receive report from CLWA representatives and discuss.
attachment (1)
GAC:MPM:547
Agenda ifem: / "In
ITEM N0.
Minutes of the Special Meeting of the
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A Special Meeting of the Board of Directors of the Castaic Lake
Water Agency was held at 23560 Lyons Avenue, Suite 225, Santa
Clarita, CA 91321 on Wednesday, March 3, 1993 at 6:30 P.M. The
agenda of the meeting was timely posted and a copy of said, agenda
is inserted in the Minute Book of the Agency preceding these
minutes.
DIRECTORS PRESENT: Bill Cooper, Tom Dierckman, Dean Efstathiou,
Donald R. Froelich, Jim Gates, Jerry Gladbach,
Stephen J. McLean, Mary R. Spring and Joe R.
Whiteside
DIRECTORS ABSENT: William J. Manetta, Jr.
Also present were -Robert C. Sagehorn, General Manager; Linda J.
Fleming, Agency Secretary; Robert H. Clark, Counsel; Glenn Reiter,
Financial Consultant; Robert J. DiPrimio, and members of the
general public.
Vice President Spring called the meeting to order at 6:35 P.M. A
quorum was present. .
Upon motion of Director Gladbach, seconded by Director Froelich and
carried, the agenda was approved.
Upon motion of Director Gladbach, seconded by Director. Froelich and
carried, the Board authorized director attendance at the Water
Education Foundation Briefing in Sacramento, March 24 & 25, 1993.
Upon motion of Director McLean, seconded by Director Gates and
carried, Resolution No. 910 was adopted.
RESOLUTION NO. 910
ANNUAL RESOLUTION OF INTENTION TO FORM WATER SERVICE
AREAS FOR THE CASTAIC LAKE WATER AGENCY
FOR ITS FISCAL YEAR 1993/94
WHEREAS, pursuant to legislation effective from and after January
1, 1987, the Agency's Board is mandated to divide all lands within
the Agency into separate, non -overlapping water service areas; and
WHEREAS, the purpose of these water service areas is to provide a
source of monies, not to exceed the amount permitted annually by
law, for the Annual Capital Budget of the Agency; and
Minutes of March 3, 1993
Page 2.
WHEREAS, the Agency's Annual Capital Budget is legally required to
be funded and apportioned, following a noticed public hearing, on
the principle of benefit received by the lands and people within
each water service area; and
WHEREAS, the Agency's General Manager, and its Financial and
Engineering Consultants, have developed sound recommendations for
both the said water service areas and the Annual Capital Budget and
its method of being financed; and
WHEREAS, these said recommendations are hereby found to be both
consistent with and in furtherance of the program environmental
impact report certified by this Board through its Resolution No.
647; and
WHEREAS, since the Board's certification of its above -referenced
EIR, it is hereby found that there (a) have been 'no changes
proposed in the -Board's EIR-described projectswhich would require
important or major revisions in the EIR due to the involvement of
new significant environmental impacts not considered in the EIR,
(b) there have also been no substantial changes with respect to the
underlying environmental circumstances which would require
important or major revisions of the EIR due to the involvement of
new significant environmental impacts not covered in the EIR, and
(c) no new information of substantial importance to the EIR-
described projects has become available; and
WHEREAS, due to the lack of changed circumstances. as described in
the preceding recital, it is hereby found that it is not necessary
to prepare either a subsequent EIR or a supplemental EIR as
described in Public Resources. Code, section 21166, and in the
implementing State of California and CLWA environmental review
guidelines;
NOW, THEREFORE, BE IT RESOLVED that this Board does hereby propose
that, pursuant tc-,the_-- Agency. General. Manager. and consultant
recommendations, the .Agency. continue to be divided into eight-'
separate, -_non-overlapping= Watek' service- areasL1 with proposed
boundary descriptions of these areas being as set forth in Exhibits
A -through H hereof, which exhibits are'by this reference hereby
incorporated herein;
RESOLVED FURTHER that, to varying degrees during the Agency fiscal
year commerjcing_.iuly,,.;l,;-1993, the land and, people within each of
the above=rgferenced .proposed water service__ areas, which are
proposed to bie,continued without any_:change*:.int. any boundary
descriptions adopted by and through Agency Resolution No. 860, are
projected to receive benefits as follows:
Minutes of March 3, 1993
Page 3.
o Use- of water to be made available by the Agency,
including water conserved 'through possible . water
reclamation projects.
o Availability of contract interests of the Agency pursuant
to the State Water Resources Development System.
o Availability of existing property, plant and distribution
facilities of the Agency, and CEQA-approved changes or
additions to such property, plant, and/or distribution
facilities.
o Obtaining of additional needed quantities of -water for
service within existing and expanded service areas within
the Agency's boundaries.
o Securing funds to implement the Agency's "Capital Program
and Water Plan, including Acquisition of Supplemental
Water and of a Proposed Second Plant Site", as further
described in the Agency's programmatic environmental
impact report certified by the Agency's Board on April
13, 1988.
o d Further feasibility study work and E.I.R.'s, re a
possible hydroelectric project and groundwater banking,
re possible expansion of the Agency's water storage and
treatment plant capacity, re possible securing of
additional water from other State Water Project
Contractors and from alternative. sources, re water
reclamation, and re implementation of the.Agency's Long -
Term Water Plan.
o Maintenance of appropriate and necessary reserves for
repairs and replacements of Agency plant and facilities
and for compliance with Federal and State Safe Drinking
Water Regulations, and Proposition 65 compliance as may
be required by -the State Legislature.
c�- Additional payments as legally permitted and CEQA-
authorized, as necessary, for other purposes specified by
Section 24.1 (standby charges), Section 26.1 (facility
capacity fees), and Section 29.1 of the Castaic Lake
Water Agency Law.
RESOLVED FURTHER that the Agency General Manager and consultant -
proposed Annual Capital Budget of the Ag ncy for the above-
specified Agency fiscal year is $35,485,182V plus such sum of ad
valorem property taxes reasonably needed to fund the Agency's
annually due payments for "local" bonded debt repayment and for
payments to the State of California for the State Water Resources
Minutes of March 3, 1993
Page 4.
Development System; and the.portion thereof proposed to be obtained
from each proposed water service area is:
WSA
- 93-1
.(EXHIBIT
A)........
6.76%
WSA -
93-2
(EXHIBIT
B)........29.04%
5,696
WSA -
93-3
(EXHIBIT
C)........16.28%
.................$
WSA -
93-4
(EXHIBIT
D)........
9.87%
WSA -
93-5
(EXHIBIT
E).......,13.27%
WSA -
93-6
(EXHIBIT
F)........
2.78%
WSA - 93-7 (EXHIBIT G)........11.91%
WSA - 93-8 (EXHIBIT H)........10.09%
RESOLVED FURTHER that the Agency General Manager and consultant -
proposed facility capacity fees proposed to be fixed; continued,
levied, determined, or collected' within or from each proposed, water
service area for the said proposed Annual,Capital Budget of the
Agency are as follows:
WSA
- 93-1
...............$
6,558
A/F
WSA
- 93-2
...............$
5,696
A/F
WSA
- 93-3
.................$
7,021
A/F
WSA
- 93-4
............... $
5.103
A/F
WSA-
93-5
...............$
5,364
A/F
WSA-
93-6
................ $_5.010
A/F
WSA - 93-7 ...............$ 6.244 A/F
WSA - 93-8 ...............$ 4,916 A/F
All per acre foot of
anticipated water use
RESOLVED FURTHER that the Agency General Manager and consultant -
proposed standby/water availability charges and assessmenty -
proposed to fixed, levied, determined, or collected within and from
each proposed' water service area for the said proposed Annual'
Capital Budget of the Agency are $10.00 per acre, or $10.00 per
each parcel of less than an acre, if and only if the acreage or
Minutes of March 3, 1993
Page 5.
parcel .is improved property connected to a public or a P.U.C.-
regulated water system;
RESOLVED FURTHER that the capital component of -water rates charged
by the Agency to retail water distributors within the Agency are
proposed to be $40.00 per acre foot in proposed WSA's 93-1 through
93-7, and $355.34 per acre foot in proposed WSA 93-8;
RESOLVED FURTHER that the Agency ad valorem property taxes proposed
to be fixed, levied, and collected for its fiscal year 1993/94
shall, as permitted by Section 29.1 of the Agency's governing law,
be fixed and determined outside the hearing process and at such
later date when fuller assessed value information is available;
• t
RESOLVED FURTHER that, for each proposed water service area, the,
Agency's Board proposestocontinue to equitably balance proposed
benefits and projected revenues;
RESOLVED FURTHER that this Board shall hold a public hearing
concerning (1) the said proposed water service areas, and (2) the
Agency's setting and funding of its Annual Capital Budget.at 7:30
p.m. on Wednesday, April 21, 1993, at the Old Orchard Elementary
School, 25141 N. Avenida Rondel, City of. Santa Clarita, California.
Upon motion of Director McLean, seconded by Director Dierckman and
carried, Resolution No. 911 was adopted.
Resolution No. 911
CHANGING DATE OF APRIL 1993 REGULAR MEETING
WHEREAS, Section 26.1 of the Castaic Lake Water Agency Law provides
that a public hearing must be held at a regular meeting of the
Agency's Board of Directors priortoBoard adoption of any facility
capacity fee; and
WHEREAS, a public hearing to consider adoption of a revised'
schedule of facility capacity fees is scheduled for Wednesday,
April 21, 1993, being a date which is not a regular Board meeting
date;
NOW, THEREFORE, BE IT RESOLVED that the Agency's Regular Board of
Directors meeting for the month of April 1993 is hereby changed to
Minutes of March 3, 1993
Page 6.
Wednesday, April 21, 1993, at 7:30 P.M. in the Old Orchard
Elementary School, 25141 N. Avenida Rondel, City of Santa Clarita,
California.
**********
Upon motion of Director McLean, seconded by Director Gladbach and
carried, the meeting was adjourned at 8:00 P.M.
Linda J. Fleming, Secretary
ATTEST:
Vice President of the Board
CASTAIC LAKE WATER AGENCY
CAPITAL PROGRAM REVENUE SYSTEM
FISCAL YEAR 1993-94
ONE: CAPITAL FACILITY FEE (CONNECTION FEE)
WATER TREATMENT
SERVICE ECT.
AREA
PIPELINES TOTAL POTENTIAL
93/94 REBATE
1
$4,827
$1,731
$6,558
$1,300
2
$4,827
$ 869
$5,696
$1,300
3
$4,827
$2,194
$7,021
$1,300
4
$4,827
$ 276
$5,103
$1;300
5
$4,827
$ 537
$5,364
$1,300
6
$4,827
$ 183
$5,010
$1,300
7
$4,827
$1,417
$6,244
$1,300
8
$4,827
$ 89
$4,916
$1,300
TWO: "STAND BY" OR "WATER AVAILABILITY"'CHARGE
A new "stand by" or "water availability" charge of $10 per acre
or $10 per parcel for parcels less than one acre that receive
service from Agency purveyors, billed on the 1993/94 tax bill.
This charge.will not happen if before August 1, 1993s, the
Governor of California signs a bill that results in the Agency
being able to receive at least 15% of its 1993/94 historical 1%
property tax revenue.
THREE: ALLOCATION FROM WATER RATE
Continue a $40 per acre foot allocation to the capital program of
the $145/af water rate revenue received from all water service
areas except number 8. (The allocation from water service area 8
which has a water rate of $440.34/AF, is $355.34 per acre foot.)
RESOLUTION NO. 922
FORMING WATER SERVICE AREAS FOR CASTAIC
LAKE WATER.AGENCY FISCAL YEAR 1993/94 AND TAKING
ALL NECESSARY ACTIONS TO SET AND FUND
THE AGENCY'S ANNUAL CAPITAL BUDGET
WHEREAS, pursuant to legislation effective from and after January
1, 1987, the Agency's Board is mandated to divide all lands within
the Agency into separate, non -overlapping water service areas; and
WHEREAS, the purpose of these water service areas is to provide a
source of monies, not to exceed the amount permitted annually by
law, for the Annual Capital Budget of the Agency; and
WHEREAS, the Agency!s Annual Capital Budget is legally. required to
be funded and apportioned, following a noticed public hearing, on
the principle of benefit received by the lands and people within
each water service area; and
WHEREAS, the Agency's Board; following timely posted and published
notice as described and required by Section 29.3 of the Castaic
Lake Water Agency Law, and following timely mailed notice by first
class mail to property owners within the Agency, held a public
hearing at a regular Agency Board meeting as required by Sections
26.1 and 29.4 of said Law; and
WHEREAS, the Agency's General Manager -- and its Financial, Legal
and Engineering Consultants -- have developed and presented to the
Board sound recommendations for water service areas, for the Annual
Capital Budget, and for the methods for its being funded; and
WHEREAS, these recommendations are both consistent with and in
furtherance of the program environmental impact report certified by
this Board on April 13, 1988 through Resolution No. 647; and
WHEREAS, since the Board's certification of its above -referenced
EIR, it is hereby found that there (a) have been no changes
proposed in the Board's EIR-described projects which would require
important or major revisions in the EIR due to the involvement of
new significant environmental impacts not considered in the EIR,
(b) there have also been no substantial changes with respect to the
underlying environmental circumstances which would require
important or major revisions of the EIR due to the involvement of
new significant environmental impacts not covered in the EIR, and
(c) no new information of substantial importance to the EIR-
described projects has become available; and
WHEREAS, due to the lack of changed circumstances as described in
the preceding recital, it is hereby found that it is not necessary
to prepare either a subsequent EIR or a supplemental EIR. as
1
described in Public Resources Code,section 21166, and in the
implementing State of California and CLWA environmental review
guidelines; and
WHEREAS, the fiscal year 1993/94 Annual Capital Budget must be
adopted, following State statutes, while it is uncertain whether
the Governor and the Legislature will be successful in taking from
the Agency and its citizens, to fund the statewide budget deficit,
the Agency's historical share of Proposition 13 locally -generated
1% property tax monies; and
WHEREAS, this Agency has historically pledged its share of 1%
property tax monies to its Annual Capital Budget, and desires to
continue to do so in its fiscal year 1993/94; and
WHEREAS, this Agency hereby finds it to be in the public interest
to hereby continue to dedicate 1% fiscal 93/94 property tax monies,
to the extent collected in fiscal 93/94, to the Agency's fiscal
1993/94 Annual Capital Budget, inasmuch as such dedication serves
public purposes, inter alia, as follows:
(1) Helps preserve and protect the Agency's credit rating by
avoiding unnecessarily high facility capacity fee levels
that may cause deferral of city and county planned
growth, including new construction, within the Agency's
jurisdiction, with such deferred construction hereby
deemed to be likely to cause adverse impacts on
contractual ratios agreed to by the Agency in its June
1990, Certificates of Participation. financing of $132
million dollars;
(2) Helps lower to the maximum extent the interest costs paid
by the Agency in debt refinancing and in future debt
financing, including two such planned -financings of $100
million or more each within the, year 2010 planning
horizon of the relevant city and county planning
authorities, with such•interest cost lowering being due
to the Agency's being able to show a pattern of
connection fee payment fluctuations that is not made
unduly extreme by such factors as unmitigated 23-70%
connection fee increases not required financially in
neighboring or other areas of the State;
(3) Lowers overall financing costs of new Agency capital
facilities, to the benefit of both new and existing
users, because debt and bond rating agencies, and the
borrowing public, may look to revenues from three
significant sources -- facility capacity fees (which
"bounce" with the housing cycle), acreage and/or parcel
water standby charges on improved property served by a
retail water distributor (which do not "bounce" with the
housing cycle), and the historically rising (but often
2
politically attacked) revenue stream of 1% property tax
monies -- as sources for debt repayment;
(4) Encourages earlier payment of facility capacity fees; by
making such fees more affordable, thereby reducing the
amount of Agency borrowing (with its inherent high
interest costs) needed in situations where cash flow lags
new Agency water facility construction and/or water
supply acquisition;
(5) Helps lessen the severe economic pressures on the general
economy within the Santa Clarita Valley, and thereby
helps to enhance and preserve the economic health of the
Valley, thereby encouraging lenders to continue to highly
regard the Agency and its credit -worthiness; and
WHEREAS, due to federal income tax regulations, increases in the
Agency's water rates cannot accomplish the same purpose as a
dedication of 1% property tax monies to the Annual Capital Budget,
since such water rate increases could render the Agency's June,
1990, Certificates of Participation financing taxable (as opposed
to tax-exempt) under "private activity bond" rules; and
WHEREAS, adoption of a $10.00 per acre and/or $.10.00 per parcel of
less than one acre water standby (availability) charge program is
now legally feasible due to the substantial completion of several
Agency projects including the Rio Vista Water Treatment Plant,
which projects are hereby deemed to "benefit" existing property
owners in the manner required by law, and are projected to be fully
operational this coming Winter;
NOW, THEREFORE, BE IT RESOLVED that this Board does hereby find and
determine that it is in the best interest of the Agency and of the
lands and people of each of the eight proposed water service areas
described in Agency Resolution No. 910 that each such proposed
water service area be fixed, formed, established, and continued as
proposed in said Resolution No. 910;
RESOLVED FURTHER that this Board does therefore hereby, as of July
1, 1993, fix, form, establish, and continue without change the
eight existing water service areas, with the legal descriptions of
these areas being as set forth in Exhibits A through H hereof,
which exhibits are by this.reference hereby incorporated herein;
RESOLVED FURTHER that, to varying degrees during the Agency fiscal
year.commencing July 1, 1993, the lands and people within each of
the above -referenced water service areas are projected to each
receive benefits as follows:
o Use of water to be made available by the -Agency,
including water conserved through possible water
reclamation projects.
o Availability of contract interests of the Agency pursuant
to the State Water Resources Development System.
o Availability of existing property, plant and distribution
facilities of the Agency, and CEQA-approved changes or
additions to such property, plant, and/or distribution
facilities.
o Obtaining of additional needed quantities of water for
service within existing and expanded service areas within
the Agency's boundaries.
o Securing funds to implement the Agency's "Capital Program
and Water Plan, including Acquisition of Supplemental
Water and of a Proposed Second Plant Site", as further
described in the Agency's programmatic environmental
impact report certified by the Agency's Board on April
13, 1988.
o Further feasibility study work and E.I.R.Is, re a
possible hydroelectric project and groundwater banking,
re possible expansion of the Agency's water storage and
treatment plant capacity, re possible securing of
additional water from other State Water Project
Contractors and •from alternative sources, re water
reclamation, and re implementation of the Agency's Long -
Term Water Plan.
o Maintenance of appropriate and necessary reserves for
repairs and replacements of Agency plant and facilities
and for compliance with Federal and State Safe Drinking
Water Regulations, and Proposition 65 compliance as may
be required by the State Legislature.
o Additional payments as legally permitted and CEQA-
authorized, as necessary, for other purposes specified by
Section 24.1 (standby charges), Section 26.1 (facility
capacity fees) and Section 29.1 of the Castaic Lake Water
Agency Law.
RESOLVED FURTHER that the Annual Capital Budget of the Agency for
the above-specified Agency fiscal year is hereby set at
$35,485,182, plus such ad valorem property taxes reasonably needed
to fund the Agency's annually due payments for "local" bonded debt
repayment and for payments to the State of California for the State
Water Resources Development System; and the portion thereof
proposed to be obtained from each proposed water service area is
set as follows:
WSA- 93-1 (EXHIBIT A) .................. 6.76%
WSA- 93-2 (EXHIBIT B) .................. 29.04%
WSA - 93-3 (EXHIBIT C) .................. 16.28%
WSA -
93-4
(EXHIBIT
D) ..................
9.87%
WSA -
93-5
(EXHIBIT
E) ..................
13.27%
WSA-
93-6
(EXHIBIT
F) ..................
2.78%
WSA
- 93-7
(EXHIBIT
G) ..................
11.91%
WSA
- 93-8
(EXHIBIT
H)..................
10.09%
RESOLVED FURTHER that the said Annual Capital Budget is adopted
pursuant to this Board's hereby made determination and findings
that the Agency's existing water importation, transportation, and
delivery facilities and other related works, property and
improvements are not adequate for the purpose of receiving,
importing, transporting, and delivering additional needed
quantities of water available from the State Water Resources
Development System and/or from other -sources;
RESOLVED FURTHER that based on data supplied by the Agency's
consultants and the County of Los Angeles, and the Agency's CEQA
documentation, the extent of the need for additional supplies of
water to be supplied by the Agency is very substantial, with
approximately 24,000 to 30,000 acre feet of additional water
annually being needed for use in the Santa Clarita Valley.by the
year 2010 -- and with a very substantial augmentation of Agency
facilities, existing and additional, being also needed to treat,
transport and deliver said additional water;
RESOLVED FURTHER -that this Board does hereby therefore find and
determine that existing facilities and other works and improvements
of the Agency are inadequate to import, receive, transport, and
deliver the above -referenced, needed additional quantities of
water;
RESOLVED FURTHER that this Board does hereby, with respect to
facility capacity fees, adopt.all plans and programs as specified
in Section 26.1(b) of the Agency's Act -- and as more particularly
described in the April 9, 1993 Data Document set forth as Exhibit
I hereof, which document was available to the public at the
Agency's offices from and after April 9, 1993 for the period
required by law, and which document is by this reference
incorporated herein;
RESOLVED FURTHER that the proceeds of the facility capacity charges
shall be solely expended pursuant to the requirements of Section
26.1 of the Agency's Act, with benefits and costs balanced as
nearly as practicable among water service areas in the same
proportions as the Annual Capital Budget is herein proposed to be
obtained from such water service areas;
5
RESOLVED FURTHER that the Board does further find and determine
that the benefits proposed to be received by the lands and people
of each water service area from the expenditure of the aggregate of
the Annual Capital Budget of the Agency, in approximate proportion
as nearly as reasonably practicable, are to be funded by amounts
proposed to be proportionately derived from each such water service
area;
RESOLVED FURTHER that this Board hereby finds a. reasonable
relationship exists between hereby authorized uses of facility
capacity charge revenues and the types of projects for which said
charges are being imposed, inasmuch as revenue will only be used
for Section 26.1 authorized purposes described in the Data Document
for the benefit of new vs. existing users, and will be calculated
for each development by calculating the quantity of anticipated
annual water usage attributable to each development;
RESOLVED FURTHER that this Board hereby, finds a reasonable
relationship exists between the need for the Section 26.1
authorized facilities and projects described in the Data Document
and the kind of development projects for which the facility
capacity charges will be imposed because the need for each type of
development can be fairly determined by calculating the quantity of
anticipated annual water usage attributable to each development;
RESOLVED FURTHER that this Board hereby finds a reasonable
relationship exists between the amount of the facility capacity
charges imposed by this resolution and the cost of the Data
Document identified projects, because the said charges have been
determined by the Agency's Financial and Engineering Consultants
based upon their estimates of true construction costs of the said
facilities, their determinations of which water service areas will
benefit from each of the capital projects, and their determinations
of the anticipated annual water usage planned by city and county
governments to occur within each of the eight water service areas
through 2010, as based upon information supplied by said planning
agencies and the Santa Clarita Valley's four retail water
purveyors;
RESOLVED FURTHER that, in light of the foregoing, the Board does
set facility capacity charges (connection charges) for its fiscal
year 93/94, commencing July 1, 1993, as follows:
WSA -
93-1 ....................$6,558
WSA -
93-2 ....................$5,696
WSA -
93-3 ....................
$7,021
WSA-
93-4 ....................$5,103
WSA -
93-5 ....................$5,364
M
WSA- 93-6 ....................$5.010
WSA-.93-7 ....................$6.244
WSA - 93-8 ....................$4.916
All per acre foot of
anticipated water use.
and does hereby find, in light of the foregoing described factors,
but subject to adjustments through a hereinafter adopted rebate
program, that charges in the amounts herein established are
justified;
RESOLVED FURTHER that this Board does hereby set water standby
charges on a parcel basis pursuant to Section 24.1 of the Castaic
Lake Water Agency Law at $10.00 per acre, and/or $10.00 per each
parcel of less than one acre, on all acreage and parcels which are
improved property connected to a public or a P.U.C. - regulated
water purveyor within the Agency, with said charges being hereby
dedicated to the new water treatment capacity and water quality
improvements within the Agency's Annual Capital. Budget, which
benefit existing as opposed to future water users;
RESOLVED FURTHER that this Board does hereby find that the said
standby charges in each water service area are, with respect to
each parcel, less in monetary value than the benefit to be provided
to each standby - charged parcel within each water service area
within Agency fiscal year 93/94, and are not duplicative of other
Agency fees, charges, or rates;
RESOLVED FURTHER.that, at the time and in the manner required by
law for the levying of taxes for county purposes, the Board of
Supervisors of Los Angeles County is directed on behalf of this
Agency to levy, in addition to any other tax, assessment or charge
it levies, a water standby charge in the amounts and on the
respective parcels: identified'. by the Agency's Board through a
writing which. the Agency's General Manager is directed to cause to
be furnished to the Los Angeles County Auditor not later than
August 9, 1993, and that:
(1) all county officers charged with the duty of collecting,
receiving and disbursing taxes shall collect Agency water
standby charges with the regular tax payments to the
County;
(2) the charges shall be collected in the same form and
manner as county taxes are collected and shall be paid to
the Agency;
(3) the Agency shall reimburse the County of Los Angeles for
its necessary costs and expenses;
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(4) the charges hereby fixed and imposed by the Agency shall
be liens against the parcels of land against which those
charges have been.imposed; and
(5) liens for those charges shall be of the same force and
effect as liens for taxes, and their collection may be
enforced by the same means as provided for the
enforcement of liens for either State or County taxes.
RESOLVED FURTHER that, to the extent the Annual capital Budget
legally fundable from connection fees is not funded by the
foregoing described connection charges, and by water standby
charges on improved property served by a retail water distributor,
it shall be so funded from 1$ tax monies (subject to availability
of such monies and to a connection fee adjustment program related
to such monies), from ad valorem property taxes described in the
fourth "resolved clause" of this resolution, from existing reserve
accounts of the Agency, and from a $40.00 per acre foot water rate
in WSA's 93-1 through 93-7 and a $355.34 per acre foot water rate
in WSA.93-8, hereby set and established as the capital component of
the Agency's total water rate, being $145.00 total per acre foot in
WSA's 93-1 through 93-7 and $440.34 total per acre foot in WSA 93-
8, to the Santa Clarita Valley's four retail water purveyors.
RESOLVED FURTHER that the Agency ad valorem property taxes proposed
to be fixed, levied, and collected for Agency fiscal year 1993/94
shall, as permitted by Section 29.1 of the Agency's governing law,
be fixed and determined outside the hearing -process and at such
later date , probably in August 1993, when fuller assessed value
information is available;
RESOLVED FURTHER that the facility capacity fees set and
established hereunder are for public improvements and facilities
for which an Agency budget account has been established and to
which funds have been appropriated -- and for which this Agency has
adopted a proposed construction schedule or plan in its above -
referenced Data Document and otherwise; or, to the full extent
permitted by law, such fees are for reimbursement to this Agency
for expenditures previously made for such public improvements and
facilities as described in previous Data Documents adopted by this
Agency;
RESOLVED FURTHER, however, that this resolution does not constitute
a -representation by the Agency that the projects described in the
Data Document will be implemented in any particular order, or on
any set schedule, inasmuch as all Agency projects are subject to
environmental review, are subject to availability of Agency funds,
and are subject to further Board evaluation as to- need and
desirability in light of changing conditions;
RESOLVED FURTHER that the water standby charges set and established
hereunder are dedicated, in order of priority, to payment of the
fiscal year 93/94 costs related to (1) the Agency's new treatment
plant capacity at or adjacent to the Rio Vista Water Treatment
Plant site, under construction since January 20, 1992, now
approximately 70% complete, projected to be 80-85% completed by
July 1, 1993, and projected to be fully operational.by the endof
1993, (2) the water quality improvement technologies installed now
and to be further installed by the end of 1993 at the Rio Vista
Plant and at the Earl Schmidt Plant, and (3) the State Water
Project payments to the extent not funded by ad valorem property
taxes;
RESOLVED FURTHER that if, by August. 1, 1993, new law has been
signed by the Governor which results in the Agency being eligible
to receive at least 15% of its fiscal year 1993/94 historical 1%
property tax monies, then there shall be no fiscal year 1993/94
standby charge program;
RESOLVED FURTHER that the. Agency's General Manager is hereby
directed to revise. on a technical basis the existing rules and
regulations of the Agency for administering the collection of the
Agency's Annual Capital Budget, and for collecting facility
capacity fees on and after July 1, 1993, said revisions being to
implement a facility capacity fee adjustment program which, if the
Agency's 1% property tax monies are not reduced in its fiscal year
1993/94 so as to make adjustments infeasible, will rebate to the
fullest extent feasible from such fiscal year 1993/94 it property
tax monies, to fiscal year 1993/94 payers of the facility capacity
fee, the maximum sum, of $1,300 per acre foot of anticipated water
use;
RESOLVED FURTHER that said maximum rebate amount of $1,300 per acre
foot of anticipated water use is hereby implemented on the
condition that legislative and/or judicial action(s) not reduce
Agency fiscal year 1993/94 1% property tax monies whatsoever, and
rebates shall be only proportionally implemented if the Agency
suffers a partial loss of fiscal year 1993/94 1%. property. tax
monies, such that a loss of X% (say, 10%) of such monies will
result in a reduction of ten (10) percent of the maximum rebate
amount as set forth above;
RESOLVED FURTHER that the fee adjustments described in the
preceding paragraph shall be implemented not later than August 1,
1994, or such earlier time within fiscal year 1993/94, or within
July, 1994, that this Agency's Board finds these adjustments via
rebate to be feasible;
RESOLVED FURTHER that the water rates, standby charges, facility
capacity fees, rebate program, and the other findings and
determinations made in this Resolution are severable from each
other to the maximum extent permitted by law;
E
RESOLVED FURTHER that this resolution shall be effective
immediately upon Board adoption.
I, the undersigned, hereby certify: That I am the duly appointed
and acting Secretary of the Castaic Lake Water Agency, and that at
an adjourned regular meeting of the Board 'of Directors of said
Agency held on Thursday, April 22, 1992, the foregoing Resolution
No: 922 was duly.and regularly adopted by said Board, and that said
resolution has not been rescinded or amended since the date of its
adoption, and that it is now in full force and effect.
DATED•
Linda J. Fleming, Secretary
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