Ord 0138 07/2005
ORDINANCE NO. 138
AN ORDINANCE OF THE BOARD OF DIRECTORS
OF THE VALLECITOS WATER DISTRICT
MODIFYING WATER CAPITAL FACILITY FEES
IN CALENDAR YEAR 2005
BE IT ORDAINED by the Board of Directors of the Vallecitos Water District ("District") as
follows:
Section 1. Declaration of Policv and Backqround. On July 6, 2005, the District's Board
of Directors adopted an updated Water, Wastewater, and Water Reclamation Master Plan
("Updated Master Plan"). The District used information provided in the Updated Master Plan to
prepare a fee study and calculate a water capital fee structure that reflects the cost offacilities
reflected in the Updated Master Plan. The fee study analyzes capital facilities needed by the
District to serve the growing demands of new development and increasing demands of existing
customers.
A staff report was made available for public inspection and review ten (10) days prior to
a public meeting and notice was given in compliance with Government Code section 66016.
The District, by this ordinance, desires to modify the Water Capital Facility Fee Schedule
in Calendar Year 2005 which reflects the costs taken from the Updated Master Plan.
The Board of Directors of the District considered modifying its Water Capital Facility Fee
Schedule at a public meeting on July 20, 2005, in accordance with Government Code section
66018.
Section 2. Findinqs. The Board of Directors of the District finds and determines as
follows:
(a) Purpose of the Fee. The purpose of the District's Water Capital Facility Fee
is to provide an adequate water supply and distribution system to serve new development and
additional demands from existing users within the District's service area and to provide adequate
funding for future construction of facilities described in the Updated Master Plan.
(b) Use of Fees. All water capital facility fees as listed on the Water Capital
Facility Fee Schedule, attached hereto as Exhibit "A" and incorporated herein by reference, shall
be used to finance construction of applicable storage, treatment, and transmission facilities
described in the Updated Master Plan.
(c) Relationship between Use of Fee and Tvpe of Development. Water capital
facility fees will be charged to new development and to existing users with increased demands
as measured by Equivalent Dwelling Units ("EDUs) and meter size, which takes into
consideration land use designations and amount of demand.
(d) Relationship Between Need for Capital Facilities and Tvpe of Proiect. The
Board of Directors of the District finds and determines that, in order to provide adequate water
service, all new development and existing users with increased demands within the District's
Ordinance No. 138
Page 2
service area will require the capital facilities specified in the Updated Master Plan.
(e) Relationship Between Amount of Fee and Cost to Particular Proiects. The
water capital facility fee for each new development shall be based upon the demand of a
particular project on the District's water system through the analysis of land designation, size of
property to be served, and type of use. Excepting residential customers, existing users will be
charged additional water capital facility fees based on annual water usage. Additional water
capital facility fees shall be based on the purchased capacity and the increased demands as
measured by ED Us. The District finds and determines that the Water Capital Facility Fee
Schedule insures that each user will pay a fair share of new facility construction based upon
actual demand upon the water system.
(f) Environmental Review. In accordance with the California Environmental
Quality Act Guidelines Section 15061, the Board of Directors ordains that the capital facility fees
established by this ordinance are exempt from CEQA for the following reasons:
1. The capital facility fees are not a "project" as defined by Guidelines Section 15378;
2. The project is exempt in accordance with Guidelines Section 15273(1),15273(3), and
15274(4); and
3. The activity will not have any significant impact upon the environment pursuant to
Guidelines Sections 15061 (b)(3).
The Board of Directors of the District orders and directs that the foregoing exemptions and
reasons be made a part of the Notice of Exemption and that the Notice of Exemption be filed with
the County Clerk of the County of San Diego.
(g) Cost Estimates. The cost estimates set forth in the Master Plan Update are
reasonable estimates for the capital facilities shown and the development fees expected to be
generated by new demand will not exceed a total of these estimated costs.
(h) Growth and Population Proiections. Given the historic growth rates of the
District and the cyclical nature of new demand, District staff shall annually examine the
relationship between growth projections, capacity planned, and capacity in the current system.
The rate of growth shall be annually considered and the fees analyzed so the proper level offees
are in place to capture the appropriate revenues based on a reasonable relationship between
the growth and the necessary service facilities.
Section 3. Seqreqated Accounts and Their AccountinQ. The District has established
separate accounts in its accounting records segregating water capacity fee revenue and related
interest accrued thereon from other revenue and funds of the District. For each separate
account, the District's finance officershall, within one hundred eighty (180) days after the last day
of each fiscal year, make available to the public and present to the District's Board of Directors
a written report containing all of the information required by Government Code section
66006(b)(1).
Ordinance No. 138
Page 3
Section 4. Use of Capital Facilitv Fees. Capital facility fees collected pursuant to this
ordinance shall be used solely to construct the capital facilities described in the Updated Master
Plan.
Section 5. Commitment of Capital Facilitv Fees. All capital facility fees collected and
remaining unexpended on the effective date of this ordinance and all future development fees
collected pursuant to this ordinance and related interest thereon are committed by appropriation
to the District's capital improvement program and the facilities described in the Updated Master
Plan.
Section 6. Capital Facilitv Fee Schedule and Inflationary Increases. On January 1 of each
calendar year, the District will adjust the Water Capital Facility Fee Schedule based on the
annual percentage change in the Engineering News Record Construction Cost Index.
Section 7. Effective Date. This ordinance shall be effective immediately upon passage
by the Board of Directors. The secretary of the District shall publish this ordinance once in an
adjudicated newspaper of general circulation within the District. The new District water capacity
fees established by this ordinance shall be effective at 12:00 a.m. on September 18, 2005, a
sixty (60) day period after adoption of this ordinance in accordance with Government Code
section 66017.
Section 8. San Dieqo Countv Water Authoritv Capacitv Fees. The District shall collect
the capacity fees established by the San Diego County Water Authority in accordance with their
requirements as set forth from time to time. Any increases in San Diego County Water Authority
capacity fees shall automatically be passed through and all protests or objections to the San
Diego County Water Authority capacity fees should be directed to: San Diego County Water
Authority, 4677 Overland Avenue, San Diego, CA 92123.
Section 9. Time of Pavment of Water Capacity Fees. Water capacity fees shall become
owing, due, and payable at the time application is made to connect to the District's water system,
or upon billing additional capacity, and prior to commitment by the District for service.
Section 10. Non-Refundable. To assure availability for proper planning and to meet
obligations incurred by the District to develop capacity in the District's water system in a timely
manner, all water capacity fees collected shall be non-refundable.
Section 11. Interpretation and Severabilitv. Each and every section, subsection, sentence,
clause, phrase, part, or portion of this ordinance shall be construed at all times so as to be in
compliance with all federal, state, and local laws, roles, and regulations governing development
fees. If any section, subsection, sentence, clause, phrase, part, or portion of this ordinance as
so interpreted is held to be invalid or unconstitutional by a final judgment of a court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance.
The Board of Directors of the District hereby declares that this measure, and each section,
subsection, sentence, clause, phrase, part, or portion ofthis ordinance would have been adopted
or passed irrespective of the fact that anyone or more sections, subsections, sentences,
clauses, phrases, parts, or portions of this ordinance are declared invalid or unconstitutional. In
f¡
II ~
Ordinance No. 138
Page 4
the event a court of competent jurisdiction determines that any sentence, clause, subsection,
section, phrase, or any part or portion of this ordinance is invalid or unconstitutional, the Board
of Directors of the District hereby expressly requests that the court sever the invalid portion of
this ordinance and declare the balance of the ordinance to be valid.
Section 12. Limitation on Judicial Review. Any judicial action or proceeding to attack,
review, set aside, void, or annul this ordinance or any water capital facility fee increase adopted
as a result of this ordinance shall be brought no later than one hundred twenty (120) days
following the date this ordinance has been adopted by the Board of Directors of the Vallecitos
Water District. Any action not filed within the 120-day period shall be forever barred.
ALL OTHER ORDINANCES, ARTICLES, OR SECTIONS OF ORDINANCES, OR
AMENDMENTS IN CONFLICT HEREWITH ARE HEREBY REPEALED.
PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Vallecitos Water
District at a regular meeting this 20th day of July, 2005, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
DAVY,GENTRY,HANNAN,FERGUSON
SHELL
Marga E. Ferguson, .
Board of Directors
Vallecitos Water District
ATTEST:
LDJ)O L5)2
William W. Rucker, Secretary
Board of Directors
Vallecitos Water District
Ordinance No. 138
Page 5
EXHIBIT "A"
Vallecitos Water District
Water Capital Facility Fee Schedule
Adopted: July 20, 2005
Effective: September 18, 2005
The Equivalent Dwelling Unit (EDU) is established as 500 gallons per day (GPD) per the 1997
Update to the Water Master Plan.
2. The 5/8" meter is established as equal to one EDU and meters larger than 5/8" are equal to a base
of 1 EDU times the incremental increase in meter continuous flow rate in gallons per day (see
schedule below).
3. Water meter size and amount of capacity to be purchased are determined by the District using
Master Plan criteria and information submitted by the applicant. Separate landscape meters may
be required.
4. Residential and small commercial applicants for service on lots smaller than one acre are subject
to a one-time-only purchase of water capacity for 5/8" (1 EDU) or 3/4" (1.5 EDUs) meters only.
5. All other applications for water service must be submitted to the District for analysis and
determination of meter size and amount of capacity to be purchased, with minimum capacity of 1
EDU. After service has commenced, accounts will be monitored for usage and if the purchased
capacity is exceeded based on the most recent twelve-month average, the customer will be
notified by the District and be given the choice to purchase additional capacity, to have a surcharge
on water consumption over the purchased capacity added to the monthly bill, or to significantly
reduce consumption within three months.
6. The Water Capital Facility Fee is modified to $4,050 per EDU ($8.10 per GPD) to be adjusted
annually per Section 6 of this ordinance.
7. The Water Capacity Surcharge is established as 91 ¢ per unit (hundred cubic feet).
8. The Water Meter Base Capacity Schedule is established as minimum for each meter size:
n
Units per Base Capital
Meter Size EDU GPD Month" Facility Fee
5/8" 1.0 500 30 $4,050
3/4" 1.5 750 45 6,075
1 25 1,250 75 10,125
1 }'2" 6.0 3,000 180 24,300
2 8.0 4,000 240 32,400
3 17.5 8,750 525 70,875
4 25.0 12,500 750 101,250
(Meters larger than 4" are restricted to fire service purposes unless request is submitted to the Board of
Directors for consideration.)
1.-
"Based on annual average
Vallecitos Water District
Water Capital Facility Fee Schedule
Effective January 1, 2006
Per Ordinance 138, Section 6
(Allowing calendar year adjustment based on Engineering News Record Construction Cost Index)
1. The Equivalent Dwelling Unit (EDU) is established as 500 gallons per day (GPD) per the 1997 Update to
the Water Master Plan.
2. The 5/8" meter is established as equal to one EDU and meters larger than 5/8" are equal to a base of I
EDU times the incremental increase in meter continuous flow rate in gallons per day (see schedule below).
3. Water meter size and amount of capacity to be purchased are determined by the District using Master Plan
criteria and information submitted by the applicant. Separate landscape meters may be required.
4. Residential and small commercial applicants for service on lots smaller than one acre are subject to a one-
time -only purchase of water capacity for 5/8" (1 EDU) or 3/4" (1.5 EDU's) meters only.
All other applications for water service must be submitted to the District for analysis and determination of
meter size and amount of capacity to be purchased, with minimum capacity of 1 EDU. After service has
commenced, accounts will be monitored for usage and if the purchased capacity is exceeded based on the
most recent twelve -month average, the customer will be notified by the District and be given the choice to
purchase additional capacity, to have a surcharge on water consumption over the purchased capacity added
to the monthly bill, or to significantly reduce consumption within three months.
6. The Water Capital Facility Fee is modified to $4,110 per EDU ($8.22 per GPD) to be adjusted annually
per Section 6 of this ordinance.
7. The Water Capacity Surcharge is established as 91¢ per unit (hundred cubic feet).
8. The Water Meter Base Capacity Schedule is established as minimum for each meter size:
Meter
Units per
Base Capital
Size
EDU
GPD
Month*
Facility Fee
N
1.0
500
30
$ 4,110
3/41,
1.5
750
45
6,165
1
2.5
1,250
75
10,275
11 /z'
6.0
3,000
180
24,660
2
8.0
4,000
240
32,880
3
17.5
8,750
525
71,925
4
25.0
12,500
750
102,750
(Meters larger than 4" are restricted to fire service purposes unless request is submitted to the Board of
Directors for consideration.)
*Based on annual average.
ORDINANCE 138, EXI -IIBIT "A" REVISED
Vallecitos Water District
Water Capital Facility Fee Schedule
Effective January 1, 2007
Per Ordinance 138, Section 6
(Allowing calendar year adjustment based on Engineering News Record Construction Cost Index)
1. The Equivalent Dwelling Unit (EDU) is established as 500 gallons per day (GPD) per the 1997 Update to
the Water Master Plan.
2. The 5/8" meter is established as equal to one EDU and meters larger than 518" are equal to a base of 1
EDU times the incremental increase in meter continuous flow rate in gallons per day (see schedule below).
3. Water meter size and amount of capacity to be purchased are determined by the District using Master Plan
criteria and information submitted by the applicant. Separate landscape meters may be required.
4. Residential and small commercial applicants for service on lots smaller than one acre are subject to a one-
time -only purchase of water capacity for 5/8" (1 EDU) or 3/4" (1.5 EDU's) meters only.
All other applications for water service must be submitted to the District for analysis and determination of
meter size and amount of capacity to be purchased, with minimum capacity of 1 EDU. After service has
commenced, accounts will be monitored for usage and if the purchased capacity is exceeded based on the
most recent twelve -month average, the customer will be notified by the District and be given the choice to
purchase additional capacity, to have a surcharge on water consumption over the purchased capacity added
to the monthly bill, or to significantly reduce consumption within three months.
6. The Water Capital Facility Fee is modified to $4,239 per EDU ($8.48 per GPD) to be adjusted annually
per Section 6 of this ordinance.
7. The Water Capacity Surcharge is established as 940 per unit (hundred cubic feet).
8. The Water Meter Base Capacity Schedule is established as minimum for each meter size:
(Meters larger than 4" are restricted to fire service purposes unless request is submitted to the Board of
Directors for consideration.)
*Based on annual average.
ORDINANCE 138, EXHIBIT "A" REVISED
2007
Meter
Units per
Base Capital
Size
EDU
GPD
Month*
Facility Fee
5/8"
1.0
500
30
$ 4,239
3/4"
1.5
750
45
6,359
1
2.5
1,250
75
10,599
11/2"
6.0
3,000
180
25,437
2
8.0
4,000
240
33,916
3"
17.5
8,750
525
74,191
4"
25.0
12,500
750
105,987
(Meters larger than 4" are restricted to fire service purposes unless request is submitted to the Board of
Directors for consideration.)
*Based on annual average.
ORDINANCE 138, EXHIBIT "A" REVISED
Vallecitos Water District
Water Capital Facility Fee Schedule
Effective January 1, 2008
Per Ordinance 138, Section 6
(Allowing calendar year adjustment based on Engineering News Record Construction Cost Index)
1. The Equivalent Dwelling Unit (EDU) is established as 500 gallons per day (GPD) per the 1997 Update to
the Water Master Plan.
2. The 5/8" meter is established as equal to one EDU and meters larger than 5/8" are equal to a base of 1
EDU times the incremental increase in meter continuous flow rate in gallons per day (see schedule below).
3. Water meter size and amount of capacity to be purchased are determined by the District using Master Plan
criteria and information submitted by the applicant. Separate landscape meters may be required.
4. Residential and small commercial applicants for service on lots smaller than one acre are subject to a one-
time -only purchase of water capacity for 5/8" (1 EDU) or 3/4" (1.5 EDU's) meters only.
5. All other applications for water service must be submitted to the District for analysis and detennination of
meter size and amount of capacity to be purchased, with minimum capacity of 1 EDU. After service has
commenced, accounts will be monitored for usage and if the purchased capacity is exceeded based on the
most recent twelve -month average, the customer will be notified by the District and be given the choice to
purchase additional capacity, to have a surcharge on water consumption over the purchased capacity added
to the monthly bill, or to significantly reduce consumption within three months.
6. The Water Capital Facility Fee is modified to $4,347 per EDU ($8.69 per GPD) to be adjusted annually
per Section 6 of this ordinance.
7. The Water Capacity Surcharge is established as 980 per unit (hundred cubic feet).
8. The Water Meter Base Capacity Schedule is established as minimum for each meter size:
(Meters larger than 4" are restricted to fire service purposes unless request is submitted to the Board of
Directors for consideration.)
*Based on annual average.
ORDINANCE 138, EXHIBIT "A" REVISED
2008
Meter
Units per
Base Capital
Size
EDU
GPD
Month*
Facility Fee
5/8"
1.0
500
30
$ 4,347
3/4"
1.5
750
45
6,521
1"
2.5
1,250
75
10,868
11/2"
6.0
3,000
180
26,082
2"
8.0
4,000
240
34,776
3"
17.5
8,750
525
76,073
4"
25.0
12,500
750
108,675
(Meters larger than 4" are restricted to fire service purposes unless request is submitted to the Board of
Directors for consideration.)
*Based on annual average.
ORDINANCE 138, EXHIBIT "A" REVISED