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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