Ord 0176 04/2012ORDINANCE NO. 176
AN ORDINANCE OF THE BOARD OF DIRECTORS
OF THE VALLECITOS WATER DISTRICT
MODIFYING WASTEWATER CAPITAL FACILITY FEES
FOR FISCAL YEAR 2012 -2013
BE IT ORDAINED by the Board of Directors of the Vallecitos Water District ( "District ") as
follows:
Section 1 . Declaration of Policy and Background On August 3, 2011, the District's Board of
Directors adopted the 2008 Water, Wastewater, and Water Reclamation Master Plan ( "2008 Master
Plan "). Concurrent with the adoption and in compliance with the California Environmental Quality
Act ( "CEQA "), the Board of Directors also certified the Final Program Environmental Impact Report
for the 2008 Master Plan ( "2008 Master Plan PEIR "). The District used information and data from
the 2008 Master Plan and PEIR to prepare the Water, Wastewater Capital Facility Fees and
Wastewater Density Impact Fee Study ( "Study ") and calculate a reasonable Wastewater Capital
Facility Fees structure and methodology that reflects the costs of financing and construction of the
proposed facilities in the 2008 Master Plan. The Study analyzes the capital facilities needed by the
District to serve the growing demands of new development, and the proposed fees do not exceed the
reasonable costs of financing and constructing the needed improvements "
The Study was approved by the Board of Directors a public meeting on March 21, 2012 and
an Updated Study is approved as part of this ordinance. The Updated Study substantiating the'
proposed fees in accordance with this ordinance were 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.
During the period from January 2010 through February 2012, the District held over 20
workshops and meetings with interested parties including representatives from the development
community, the Building Industry Association of San Diego, and consulting engineers to review,
discuss, and receive input on the 2008 Master Plan, the Master Plan PEIR, a draft of the Study, and
the District's basis and methodology in substantiating the proposed Wastewater Capital Facility Fees.
The District, by this ordinance, desires to adopt the Wastewater Capital Facility Fee Schedule
which is attached hereto as Exhibit "A" and incorporated herein by reference for fiscal year 2012-
2013 and reflects the information and data taken from the 2008 Master Plan and Study.
The Board of Directors of the District considered modifying its Wastewater Capital Facility
Fee Schedule after conducting a public hearing at a public meeting on April 18, 2012, 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 Wastewater Capital Facility Fee is to
provide adequate wastewater conveyance and treatment to serve new development within the
District's service area and to provide adequate funding for future financing and construction
of facilities described in the 2008 Master Plan.
Ordinance No. 176 1 Page 2
(b) Use of Fees All Wastewater Capital Facility Fees as listed on the Wastewater
Capital Facility Fee Schedule, shall be used to finance and construct the applicable wastewater
facilities described in the 2008 Master Plan including debt service. Wastewater Capital Facility
Fees shall not be used for repair, maintenance or operational expenses.
(c) Relationship Between Use of Fee and Type of Development Wastewater
Capital Facility Fees will be charged to new development and existing users with increased
demands as measured by Equivalent Dwelling Units ( "EDU's), which takes into consideration
land use designations, type of use, and amount of flows as identified in the 2008 Master Plan
and Updated Study.
(d) Relationship Between Need for Capital Facilities and Type of Project In order
to provide adequate wastewater service, all new development within the District's service area
will require the capital facilities specified in the 2008 Master Plan and Study.
(e) Relationship Between Amount of Fee and Cost to Particular Projects The
Wastewater Capital Facility Fees for each new development shall be based upon the demand
of a particular project on the District's wastewater system through the analysis of type of use
and flows. The District finds and determines that the Wastewater Capital Facility Fee
Schedule insures that each user will pay a fair share of new facility construction based upon
actual demand upon the wastewater system.
(f) Reasonable Relationship Wastewater Capital Facility Fees do not exceed the
estimated reasonable costs of providing the service for which the charge is imposed and the
Wastewater Capital Facility Fee Schedule insures that each user will pay a fair share of new
facility construction based upon actual demands.
(g) Environmental Review In accordance with the California Environmental
Quality Act Guidelines Section 15061, the Board of Directors ordains that the Wastewater
Capital Facility Fees established by this ordinance are exempt from CEQA for the following
reasons:
1. The Wastewater Capital Facility Fees are not a "project" as defined by
Guidelines Section 15378;
2. The project is exempt in accordance with Guidelines Sections 15273(1),
15273(3), and 15274(4); and
3. The activity will not have any significant impact upon the environment
pursuant to Guidelines Section 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 Cleric of the County of San Diego.
Ordinance No. 176 Page 3
(h) Cost Estimates The cost estimates set forth in the 2008 Master Plan and Study
are reasonable estimates -for the financing and construction of capital facilities shown and the
development fees expected to be generated by new demand will not exceed a total of these
estimated costs.
Section 3 Segregated Accounts and Their Accounting The District has established separate
accounts in its accounting records segregating wastewater capital facility 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 66013(d).
Section 4 . Water and Wastewater Study All development projects at the sole expense of the
developer shall be required to complete a Water and Wastewater Study which analyzes and calculates
the impacts of the development project on the wastewater conveyance and treatment. The Water and
Wastewater Study shall also provide the basis for local impacts and improvements.
Section 5 Commitment of Wastewater Capital Facility Fees All Wastewater 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 2008
Master Plan and Study.
Section 6 Wastewater Capital Facility Fee Schedule and Inflationary Increases On January
1 of each calendar year, the District will adjust the Wastewater 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 two (2) times on
successive weeks in an adjudicated newspaper of general circulation within the District. The new
District wastewater capital facility fees established by this ordinance shall be effective at 12:00 a.m.
on July 1, 2012, more than sixty (60) days after adoption of this ordinance in accordance with
Government Code section 66017.
Section 8 Time of Payment of Wastewater Capital Facility Fees Wastewater Capital Facility
Fees shall become due, and payable pursuant to Resolution No. 1343 o and prior to commitment by
the District for service.
Section 9 . Non - Refundable To assure availability for proper planning and to meet
obligations incurred by the District to develop capacity in the District's wastewater system in a timely
manner, all wastewater capital facility fees collected shall be non - refundable an non - transferable.
Section 10 . 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, pan, or portion of this ordinance as so interpreted
Ordinance No. 176 Page 4
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 11 . Limitation on Judicial Review Any judicial action or proceeding to attack,
review, set aside, void, or annul this ordinance or any wastewater 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 I Sth day of April, 2012; by'the following roll call vote:
AYES: FERGUSON, POLTL, SHELL
NOES:
ABSENT: GENTRY, HERNANDEZ
ABSTAIN: iI
'T'imothy M. 92ell, Vice President
Board of Directors
Vallecitos Water District
ATTEST:
Dennis 0. Lamb, Secretary
Board of Directors
Vallecitos Water District
EXHIBIT A
Vallecitos Water District
Wastewater Capital Facility Fee Schedule
Adopted: April 18, 2012
Effective: July 1, 2012
1. Wastewater Capital Facility Fees are based upon the amount of the demand or increased demand
as measured by Equivalent Dwelling Units (EDUs) of 250 gallons per day (GPD) of wastewater.
2. The amount of capacity to be purchased is determined by the District using 2008 Master Plan
criteria, land use, information submitted by the applicant, and the project's Water and Wastewater
Study, if applicable. The mininnm capacity shall be based on the Master Plan land use, with
minimum capacity of one EDU. Purchase of additional capacity may be required.. The fee for
residential use is determined using the schedule below. The fee calculation for non - residential
use may be based on the project specific study or analysis using 2008 Master Plan criteria. The
applicant may submit information to be considered in the capacity determination.
3. Following commencement of service, other than service for residential use, the account will be
monitored for flow volune. If the flow exceeds the purchased capacity based on the most recent
twelve -month average, the payment or lease ° (if qualified) of additional capital facility fees may
be required. Unless determined otherwise, all water entering the property through the water meter
or from an on -site water source is assumed to reach the wastewater system.
4. The Residential Wastewater Capital Facility Fee Schedule is as follows:
Residential Category
GPD
Single Family Residence
250
Mobile Home (each unit in park
200
Mixed Use
180
Capital Facility Fee
Treatment Conveyance Land outfall Total
$ 3,384 $ 2,493 $ 2,466 $ 8,343
2,707 1,994 1,973 6,674
2,436 1,795 1,776 6,007
* Multi - Family residential fees are calculated using the Water and Wastewater Study and land
use categories in the 2008 Master Plan
(Non residential fees are based on land use and /or actual fl
District review.)
ow capacity as determined by
Lease of capacity is subject to terms and conditions of Ordinance No. 110.
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NOTICE OF EXEMPTION MAY 2 ?.012
FOR RATE INCREASE ORDINANCES BY E. Tamez
DEPUTY
To: Office of the County Cleric From: Vallecitos Water District
County of San Diego 201 Vallecitos De Oro
1600 Pacific Highway, Suite 260 San Marcos, CA 92069
San Diego, CA 92101
SUBJECT: Filing notice of CEQA statutory exemption under California Public Resources
Code Section 21080(b)(8) and Title 14 California Code of Regulations Section 15273.
ACTIVITY: By Ordinance Nos. 175,176, and 177, Vallecitos Water District ( "VWD") has
established new Water Capital Facility Fees, Wastewater Capital Facility Fees, and
Wastewater Density Impact Fees (collectively, the "Fees ").
DISTRICT SERVICE AREA AND SERVICES: VWD is located in north Sail Diego
County and provides water and wastewater service to the City of San Marcos, portions of the
cities ofEscondido and Carlsbad, andportions ofunincorporated areas ofSanDiego County.
DESCRIPTION OF ACTIVITY: The Fees will raise funds to meet operating expenses,
purchasing or leasing supplies, equipment or materials; meeting financial reserve needs and
requirements, and to obtain fonds for capital projects necessary to maintain water and
wastewater service to customers within VWD's existing service areas. The Fees are not to
raise funds to either expand VWD's services or its existing service area.
EXEMPT STATUS: V WD has determined that its enactment of Ordinances 175, 176, and
177 to establish such Fees are activities exempt from the application of CEQA under Public
Resources Code Section 21080(b)(8); and, that such activities do not constitute a "project"
within the meaning of CEQA. (See also, Title 14 California Code of Regulations Section
15273.
CONTACT PERSON: Jeffrey G. Scott, Esq., General Counsel, Vallecitos Water District,
telephone number: (858) 675 -9896.
V
Dated: May 22, 2012
BY:
FILED hN THE OFFICE OF THE COUNTY CLERK
San D1990 CouMl+Onr 4Y -2-24W
Pos ted MAY 9 _2011— Roloved
WATER DISTRICT
Counsel
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