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Ord 0157 06/2008ORDINANCE NO. 157 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE VALLECITOS WATER DISTRICT MODIFYING WATER CAPITAL FACILITY FEES IN CALENDAR YEAR 2008 BE IT ORDAINED by the Board of Directors of the Vallecitos Water District ("District") as follows: Section 1. Declaration of Policy and Back__ rte. On July 6, 2005, the District's Board of Directors adopted an updated Water, Wastewater, and Water Reclamation Master Plan ("Updated Master Plan"}. In May of 2008, District staff presented the draft of the District's 2008/2009 Budget to all Committees of the District's Board of Directors. The District used information provided in the Updated Master Plan and draft Budget to prepare a fee study and calculate a water capital fee structure that reflects the cost of facilities reflected in the District's 200812009 Budget. 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 hearing and notice was given in compliance with Government Code section 66016. The District, by this ordinance, desires to modify the Water Capital Faci-ity Fee Schedule in Calendar Year 2008 which reflects the costs taken from the District's 2008/2009 Budget. The Board of Directors of the District considered modifying its Water Capital Facility Fee Schedule at a public meeting an June 18, 2008, in accordance with Government Code section 66018. Section 2. Findings. 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 existing service area of the District and to provide adequate funding for future construction of facilities described in the Updated Master Plan and the District's Capital Budget. (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 and the District's Capital Budget. Ordinance No. 157 Page 2 (c} Relationship between Use of Fee and Type 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 Type of Project. 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 service area will require the capital facilities specified in the Updated Master Plan_and the District's Capital Budget. (e) Relationship Between Amount of Fee and Cost to Particular Projects. 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. Existing users will be charged additional water capital facility fees based on annual water usage. Additional charges will not be assessed on residential users on less than one acre, unless a mutual or recorded agreement exists stipulating the potential for additional charges for increased usage. Additional water capital facility fees shall be based on the purchased capacity and the increased demands measured by EDUs. 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: 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 wi[I 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. Ordinance No. 157 3 (g) Cost Estimates. The cost estimates set forth in the Master Plan Update and the District's Capital Budget 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 Projections. 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 of fees are in place to capture the appropriate revenues based on a reasonable relationship between the growth and the necessary service facilities. Section 3. Segregated Accounts and Their Accounting. 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 officer shall, 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). Section 4. Use of Capital Facility 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 Facility 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 and the District's Capital Budget. Section 6. Capital Facility 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 August 18, 2008, a sixty (60) day period after adoption of this ordinance in accordance with Government Code section 66017. Ordinance No. 157 Page 4 Section 8. San Diego County Water Authority Capacity 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 Payment of Water Capacity Fees. Water capacity fees shall became 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 Severability. 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 of this ordinance would have been adopted or passed irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts, or portions of this ordinance are declared invalid or unconstitutional. In 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. Ordinance No. 157 Paae 5 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 18th day of June, 2008, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: FERGUSON, GENTRY, HANNAH, POLTL, SHELL ~. k~~ ~, ``-Timothy M. S II, President Board of Directors Vallecitos Water District s `E { ~ .~ ~`~ ~ William W. Rucker, Secretary Board of Directors Vallecitos Water District Ordinance No. 157 Paae 6 EXHIBIT "A" Vallecitos Water District Water Capital Facility Fee Schedule Adapted: June 18, 2008 Effective: August 18, 2008 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 cone-time-only purchase of water capacity for 5/8" (1 EDU) or 3/4" (1.5 EDUs) meters only, unless a mutual or recorded agreement exists stipulating the potential for additional charges for increased usage. 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 $4,765 per EDU ($9.53 per GPD) to be adjusted annually per Section 6 of this ordinance. 7. The Water Capacity Surcharge is established as $1.07 per unit (hundred cubic feet). Ordinance No. 157 Page 7 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 5~s" 1.0 500 30 $ 4, 765 3~4' 1.5 750 45 7,148 1 2.5 1, 250 75 11, 913 1 '~2" 6.0 3, 000 180 28, 590 2 8.0 4, 000 240 38,120 3 17.5 8, 750 525 83, 388 4 25.0 12, 500 750 119,125 (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. Vallecitos Water District Water Capital Facility Fee Schedule Adopted: June 18, 2008 Effective: January 1, 2009 Per Ordinance 157, 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/B" 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 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 $4,978 per EDU ($9.96 per GPD) to be adjusted annually per Section 6 of this ordinance. 7. The Water Capacity Surcharge is established as $1.12 per unit (hundred cubic feet). 8. The Water Meter Base Capacity Schedule is established as minimum for each meter size: Meter Size EDU GPD 5/8" 1.0 500 3/4" 1.5 750 1" 2.5 1,250 11/2" 6.0 3,000 2" B.0 4,000 3" 17.5 8,750 4" 25.0 12,500 2009 Units per Base Capital Month* Facility Fee 30 $ 4,978 45 7,467 75 12,445 180 29,868 240 39,824 525 87,115 750 124,450 (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 157, EXHIBIT "A" EXHIBIT "A" Vallecitos Water District Water Capital Facility Fee Schedule Adopted: June 18, 2008 Effective: January 1, 2010 Per Ordinance 157, 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 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 $5,030 per EDU ($10.06 per GPD) to be adjusted annually per Section 6 of this ordinance. 7. The Water Capacity Surcharge is established as $1.13 per unit (hundred cubic feet). 8. The Water Meter Base Capacity Schedule is established as minimum for each meter size: 2010 Meter Units per Base Capital Size EDU GPD Month' Facility Fee 5/8" 1.0 500 30 $ 5,030 3/4" 1.5 750 45 7,545 1" 2.5 1,250 75 12,575 11/2" 6.0 3,000 180 30,180 2" B.0 4,000 240 40,240 3" 17.5 8,750 525 88,025 4" 25.0 12,500 750 125,75D (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 157, EXHIBIT "A" Vallecitos Water District Water Capital Facility Fee Schedule Adopted: June 18, 2008 Effective: January 1, 2009 Per Ordinance 157, 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 518" (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 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 $4,978 per EDU ($9.96 per GPD) to be adjusted annually per Section 6 of this ordinance. 7. The Water Capacity Surcharge is established as $1.12 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 157, EXHIBIT "A" 2009 Meter Units per Base Capital Size EDU GPD Month' Facility Fee 5/8" 1.0 500 30 $ 4,978 3/4" 1.5 750 45 7,467 1" 2.5 1,250 75 12,445 11/2" 6.0 3,000 180 29,868 2" 8.0 4,000 240 39,824 3" 17.5 8,750 525 87,115 4" 25.0 12,500 750 124,450 (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 157, EXHIBIT "A" EXHIBIT "A" Vallecitos Water District Water Capital Facility Fee Schedule Adopted: June 18, 2008 Effective: January 1, 2010 Per Ordinance 157, 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, unless a mutual or recorded agreement exists stipulating the potential for additional charges for increased usage. 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 $5,030 per EDU ($10.06 per GPD) to be adjusted annually per Section 6 of this ordinance. 7. The Water Capacity Surcharge is established as $1.13 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 157, EXHIBIT "A" 2010 Meter Units per Base Capital Size EDU GPD Month" Facility Fee 5/8" 1.0 500 30 $ 5,030 3/4" 1.5 750 45 7,545 1" 2.5 1,250 75 12,575 11/2" 6.0 3,000 180 30,180 2" 8.0 4,000 240 40,240 3" 17.5 8,750 525 88,025 4" 25.0 12,500 750 125,750 (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 157, EXHIBIT "A" EXHIBIT "A" Vallecitos Water District Water Capital Facility Fee Schedule Adopted: June 18, 2008 Effective: January 1, 2011 Per Ordinance 157, 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, unless a mutual or recorded agreement exists stipulating the potential for additional charges for increased usage. 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 $5,211 per EDU ($10.42 per GPD) to be adjusted annually per Section 6 of this ordinance. 7. The Water Capacity Surcharge is established as $1.17 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 157, EXHIBIT "A" 2011 Meter Units per Base Capital Size EDU GPD Month* Facility Fee 5/8" 1.0 500 30 $ 5,211 3/4" 1.5 750 45 7,817 V. 2.5 1,250 75 13,028 11/2" 6.0 3,000 180 31,266 2" 8.0 4,000 240 41,688 3" 17.5 8,750 525 91,193 4" 25.0 12,500 750 130,275 (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 157, EXHIBIT "A" EXHIBIT "A" Vallecitos Water District Water Capital Facility Fee Schedule Adopted: June 18, 2008 Effective: January 1, 2012 Per Ordinance 157, 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 2008 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, unless a mutual or recorded agreement exists stipulating the potential for additional charges for increased usage. 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 $5,341 per EDU ($10.68 per GPD) to be adjusted annually per Section 6 of this ordinance. 7. The Water Capacity Surcharge is established as $1.20 per unit (hundred cubic feet). S. The Water Meter Base Capacity Schedule is established as minimum for each meter size: Meter Size EDU GPD Units per Month* 2012 Base Capital Facility Fee 5/8" 1.0 500 30 $ 5,341 3/4" 1.5 750 45 8,012 1" 2.5 1,250 75 13,354 11/2" 6.0 3,000 180 32,048 2" 8.0 4,000 240 42,730 3" 17.5 8,750 525 93,473 4" 25.0 12,500 750 133,532 (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 157, EXHIBIT "A"