Ord 0160 11/2008ORDINANCE NO. 160
AN ORDINANCE OF THE BOARD OF DIRECTORS
OF THE VALLECITOS WATER DISTRICT
MODIFYING ORDINANCE NO. 102 AND ADDING A
MONTHLY CAPACITY FEE SURCHARGE
BE IT ORDAINED by the Board of Directors of the Vallecitos Water District ("District"} as
follows:
Section 1. Application. This Ordinance shall apply only to property owners of the District
who are subject to District Ordinance No. 102 and have Water Service Agreements (WSA's)
which have been recorded in the Office of the County Recorder of San Diego County.
Section 2. Residential Fire Service. Property owners with a recorded WSA and subject
to Ordinance No. 102 are provided water service by a 1-inch oversized meter for combined
domestic and fire service. In accordance with Ordinance No. 102 these property owners are
charged a Ready to Serve (RTS} charge equal to a 518-inch meter and are subject to a
maximum use of 30 units (one unit equals one hundred cubic feet) per month. In accordance
with Ordinance No. 102, property owners who exceed 30 units per month, for other than fire
system testing or fire suppression, for three months in a calendar year shall be charged a
monthly RTS charge equal to a 1-inch meter in accordance with Ordinance No. 102 and
additional capital facility fees in accordance with the recorded WSA.
Section 3. Capaci#y Fee Surcharge. Property o..,neYs with a recorded WSA and subject
to Ordinance No. 102 shall have the option of paying a Capacity Fee Surcharge of $1.50 per unit
for all units in excess of 30 units per month in lieu of the lump sum payment of additional capital
facility fees identified in the WSA. The $1.50 Capacity Fee Surcharge shall be adjusted annually
per Section 4 of this Ordinance.
Section 4. Annual Capacity Fee Surcharge Review and Inflationary Increases. On
January 1 of each calendar year, the District will automatically adjust the Capacity Fee
Surcharge based upon the annual percentage changes in the water capacity rates. The
Capacity Fee Surcharge may be further adjusted based on changes in demand projections and
costs of growth related water capital projects limitation determinations.
Section 5. Findings. The Board of Directors of the District finds and determines as
follows:
(a) Purpose of the Capacity Fee Surcharge. The purpose of establishing the
Capacity Fee Surcharge is to provide an option for the limited number of property owners, with
recorded WSA's and subject to Ordinance No. 102, to the one-time purchase of additional water
capital facilities fees. Adoption of the Capacity Fee Surcharge for units in excess of 30 units per
month is reasonably related to the fee and the purpose for which it is charged.
(b) Use of Fees. All Capacity Fee Surcharges collected, for demands in excess
of 30 units per month shall be used to finance additional water storage, treatment and
distribution and transmission facilities.
Ordinance No. 160 Page 2
(c) Environmental Review. In accordance with the California Environmental
Quality Act (CEQA) Guidelines Section 15061, the Board of Directors ordains that the capacity
fee surcharge far residential fire service established by this Ordinance is exempt from CEQA for
the following reasons:
The Capacity Fee Surcharge is 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.
Section 6. 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 and capacity fee surcharges collected shall be non-refundable.
Section 7. !nterNretation and Seyerabili±y. 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 8. Effective Date. This Ordinance shall be effective 60 days after 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.
Section 9. Limitation on Judicial Review. Anyjudicial 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 was adopted by the Board of Directors of the Vallecitos Water
District. Any action not filed within the 120-day period shall be forever barred.
11 /3/2008 11:33 AM
Ordinance No. 160 Page 3
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 Wednesday, November 5t", 2008, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
FERGUSON, GENTRY, HANNAN, POLTL, SHELL
l ~t~ G ~ti~? -~
William W. Rucker, Secretary
Board of Directors
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vaiieci~os vva«i v~~~r~c;t
11 /3/2008 11:33 AM