Ord 0213 10/2019ORDINANCE NO. 213
AN ORDINANCE OF THE BOARD OF DIRECTORS
OF THE VALLECITOS WATER DISTRICT, ADOPTING INCREASED
WATER AND WASTEWATER CAPITAL FACILITY FEES AND
MAKING CERTAIN DETERMINATIONS AND FINDINGS UNDER CEQA AND
TAKING CERTAIN ACTIONS RELATING THERETO
WHEREAS, the Board of Directors of the Vallecitos Water District (the "District") is
authorized pursuant to California Government Code section 66013 to impose water and
wastewater capacity fees and charges for public facilities in existence at the time the fee
or charge is imposed, or for new facilities to be acquired or constructed in the future that
are of proportional benefit to the person or property being charged; and
WHEREAS, the District previously adopted its water and wastewater capital facility
fees ("Water Charge" and "Wastewater Charge," respectively, or collectively, the
"Charges"), which are each "capacity fees" within the definition of Government Code
section 66013; and
WHEREAS, the Charges were previously adopted pursuant to the
recommendations of a Capacity and Impact Fee Study Final Report, dated November 8,
2011 ("Prior Report"), prepared for the District by an independent consultant, which has
since been updated as described in more detail below; and
WHEREAS, pursuant to the Prior Report, the Water Charge is imposed per
equivalent dwelling unit, (each an "EDU"), and is determined by identifying necessary
capital improvements to fund new connections to the water system, financing costs
discounted to present value, existing debt, and other expenses related to offsetting the
impact of new connections to the system, which are then allocated to new growth to be
served by the new facilities and extra capacity in existing facilities based on projected
EDUs; and
WHEREAS, each EDU is based on District data leading to the allocation of up to
500 gallons of water consumption per day per EDU for purposes of the Water Charge,
and up to 250 gallons of wastewater generation per day per EDU for purposes of the
Wastewater Charge; and
WHEREAS, EDUs are assigned based on projected water use and wastewater
generation, as provided by the applicant and reviewed by the District Engineer; and
WHEREAS, a minimum of one EDU is assigned to each single-family dwelling unit;
and
WHEREAS, for non-residential connections, EDUs shall be assigned based on
projected water use or wastewater generation, with each EDU equaling up to 500 gallons
per day of water use and 250 gallons per day of wastewater generation, and any projected
usage above such amounts shall be prorated; and
Ordinance No. 213 Page 2
WHEREAS, it is the policy of the Board that, to the extent a connection uses
greater amounts of water than projected, or generates greater amounts of wastewater,
the applicant will be required to purchase or lease additional EDUs; and
WHEREAS, the Prior Report has since been updated to account for the District's
2018 Water, Wastewater, and Recycled Water Master Plan, adopted by the District Board
on May 1, 2019, which accounts for the latest land use revisions from the County of San
Diego, and Cities of Escondido, Vista, Carlsbad, and San Marcos, as well as to bring
Master Plan costs to January 2019 values using the Engineering News Record
Construction Cost Index (the "Updated Report"); and
WHEREAS, the Updated Report, which maintains the same model and method of
calculating the Charges as the Prior Report but updates the model to account for updated
data, has been presented to the Board and has been made available to the public for
inspection for at least ten (10) days prior to the meeting at which this Ordinance is
considered; and
WHEREAS, the Board of Directors finds that it is appropriate at this time to adjust
the amount of the Charges, based on the findings and analysis contained in the Updated
Report; and
WHEREAS, the District now wishes to adopt increases to the Charges, in the
amounts set forth in Exhibit "A" hereto; and
WHEREAS, the Board of Directors has determined that: (1) its proposed Charges
do not exceed the estimated reasonable cost of the services and facilities for which the
Charges will be imposed; and (2) the allocation of those costs bear a fair or reasonable
relationship to the burdens on, or benefits that those who pay the Charges will receive
from such services and facilities, as evidenced by the Updated Report;
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE VALLECITOS
WATER DISTRICT:
SECTION 1. Incorporation of Recitals: The Recitals set forth above are
incorporated herein, are made findings and determination of the Board of Directors, and
are an operative part of this Ordinance.
SECTION 2. CEQA Compliance:
(a) The District, as lead agency under the California Environmental
Quality Act ("CEQA"), has evaluated the potential environmental impacts of adopting the
Charges. As the decision -making body for the District, the Board of Directors has
reviewed and considered the information contained in the administrative record for the
adoption of the Charges.
Ordinance No. 213 Page 3
(b) The Board of Directors finds that to maintain levels of service for
existing customers and to provide service to potential new development within the
District's service area, additional infrastructure and facilities may be necessary in the
future. The Charges are intended to provide a source of funds if capital improvement
projects and programs are proposed in the future to provide the additional infrastructure
and facilities. The Board of Directors finds that this Ordinance does not approve any
particular capital improvement project or program, nor does it commit the District to
approve any particular capital improvement project or program. The revenue from the
Charges will be placed in a separate fund for potential future capital improvement projects
or programs, if any are approved. If any capital improvement projects or programs that
would be funded by the Charges are proposed in the future, those projects or programs
would be subject to environmental review under CEQA, as applicable, before they are
approved.
(c) Based on its review of the record and exercising its independent
judgment, the Board of Directors determines that (1) the adoption of the Charges is not a
"project" within the definition of CEQA; (2) even if it is a project, it is exempt from CEQA;
and (3) even if it is not exempt, no further environmental review is necessary under Public
Resources Code section 21166.
(d) The District's adoption of the Charges is not a "project" within the
meaning of CEQA. Adoption of the Charges does not approve any particular capital
improvement project and it does not commit the District to approving any particular capital
improvement project. It is unknown if and when a capital improvement project funded by
Charges might be proposed and approved. As such, adoption of the Charges will not
cause any physical change in the environment or lead to a reasonably foreseeable
indirect physical change to the environment, and is not a "project" within CEQA's
meaning. (Public Resources Code section 21065; CEQA Guidelines section 15378(a).)
Any direct or indirect changes to the environment from the Charges are speculative.
Further, the Charges are a funding mechanism that does not commit the District to
approving or implementing any project at all and as such is not a "project" subject to
CEQA. (CEQA Guidelines section 15378(b)(4).)
(e) Even if adoption of the Charges is a "project," it is exempt from
CEQA, CEQA exempts a public agency's approval of rates or charges if they are intended
to obtain "funds for capital projects, necessary to maintain service within existing service
areas ...." (CEQA Guidelines section 15273(a)4).) As explained above, the purpose of
the Charges is to obtain funding for potential capital improvement projects that might be
necessary for the District to accommodate planned growth within its existing service area.
The Charges are necessary to meet the District's projected need for additional facilities
and infrastructure to provide services within its existing service areas. The Charges are
also exempt under the "common sense" exemption because it can be seen with certainty
that there is no possibility that adoption of the Charges may have a significant effect on
Ordinance No. 213 Page 4
the environment. (CEQA Guidelines section 15061(b)(3).) As noted above, adoption of
the Charges does not authorize, approve or commit the District to any specific capital
improvement project or program, or any construction activity at all. For these reasons,
there is no possibility that adoption of the Charges may have a significant environmental
impact. Further, there is no evidence of any unusual circumstances related to the
Charges that would cause a significant impact on the environment. (Guidelines section
15300.2(c).)
(f) Even if adoption of the Charges is not exempt, no further CEQA
analysis is necessary. The Vallecitos Water District's 2018 Water Wastewater and
Recycled Water Master Plan Program EIR (PEIR), which the District certified on May 1,
2019, analyzed at a program level the environmental effects of the potential programs
and capital improvement projects that might be funded by the Charges should the District
approve such programs and projects in the future. Under Public Resources Code section
21166, once an agency has certified an EIR for a project, no further environmental review
is required unless there are: (1) substantial changes to the project that require major
revision of the EIR; (2) substantial changes occur with respect to the circumstances under
which the project is being undertaken that will require major revisions to the EIR; or (3)
new information, that was not known and could not have been known when the EIR was
certified, becomes available. None of those circumstances exist here. Charge fees were
in place when the PEIR was certified and the action before the District simply changes
the amount of those fees. This increase does not constitute a substantial change to any
project, a substantial change with respect to the circumstances under which any project
will be undertaken, or new information that was not known or could not have been known
when the PEIR was certified.
(g) The Board of Directors has considered any comments received at
the public meetings on August 7, 2019 and October 2, 2019, prior to adoption of this
Ordinance.
(h) These CEQA determinations reflect the Board of Directors'
independent judgment and analysis.
(i) The documents and materials that constitute the record of
proceedings on which these findings have been based are located at 201 Vallecitos de
Oro, San Marcos, CA 92069. The custodian for these records is the Board Secretary.
SECTION 3. Adoption of Charges: The Board of Directors hereby adopts
the Charges in the amounts set forth in Exhibit "A" hereto. EDUs for Water Charges and
for Wastewater Charges are assigned as set forth in the fee schedule set forth in Exhibit
"A" hereto. The Charge shall be imposed on any property or any person requesting a
new, additional, or expanded connection to the District's water or wastewater system, and
the amount of the Charge imposed shall vary in accordance with the number of EDUs
assigned to the property, and shall equal the estimated reasonable cost of providing the
Ordinance No. 213 Page 5
service for which the Charge is imposed. EDUs shall be determined based on projected
water use or wastewater generation, as provided by the applicant and confirmed by
District staff. In the event actual water use or wastewater generation exceeds projected
demand, the District may increase the assigned EDU to such connection and require the
applicant to purchase or lease such additional EDUs at such later date. Additionally, the
fee schedule set forth in Exhibit "A" includes assigned EDUs based on meter sizes. In
the event that a particular connection requires water use or wastewater generation that
exceeds the meter size assigned to such property, but the District allows the applicant to
install a smaller meter, the District shall assign the applicant additional EDUs for purposes
of determining the Charges based on projected use, regardless of whether such EDUs
exceed the amounts set forth in Exhibit "A" for such meter size.
SECTION 4. Annual Adjustments to Charges: Commencing January 1,
2020, and each January 1 thereafter, the Charges (subject to any decrease set forth in
Section 3 above), shall be automatically increased annually by the percentage change in
the Engineering News Report Construction Cost Index - Los Angeles measured from the
immediately preceding December and December of the prior year.
SECTION 5. Inconsistency with Other Fees and Charges: To the extent
that the Charges established by this Ordinance are inconsistent with any rates, fees or
charges previously adopted by the District, it is the explicit intention of the Board of
Directors that the Charges adopted in this Ordinance shall prevail.
SECTION 6. Severability: If any section, subsection, clause or phrase in
this Ordinance or the application thereof to any person or circumstances is for any reason
held invalid, the validity of the remainder of this Ordinance or the application of such
provisions to other persons or circumstances shall not be affected thereby. The Board of
Directors hereby declares that it would have passed this Ordinance and each section,
subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more
sections, subsections, sentences, clauses or phrases or the application thereof to any
person or circumstance be held invalid.
SECTION 7. Future Amendments: It is the explicit intention of the Board of
Directors in adopting this Ordinance that future amendments to the Charges may be
adopted either by ordinance or resolution of the District.
SECTION 8. Authority to General Manager: The General Manager, or his
or her designee, is hereby authorized and directed to take all actions necessary to
implement the Charges effective January 2, 2020, as well as to implement any increase
to the Charges as authorized herein and in accordance with the schedule of rates in
Exhibit "A" hereto. Additionally, the General Manager, or his or her designee, is hereby
authorized and directed to account for all proceeds of the Charges in accordance with the
requirements of Government Code section 66013.
Ordinance No. 213 Page 6
SECTION 9. Effective Date: January 2, 2020. This Ordinance shall become
effective immediately upon adoption, subject to the effective date set forth above.
PASSED, APPROVED AND ADOPTED by the Board of Directors of the Vallecitos
Water District at a regular meeting held on this 2nd day of October, 2019 by the following
roll call vote:
AYES: ELITHARP, HERNANDEZ, SANNELLA, MARTIN
NOES:
ABSTAIN:
ABSENT: EVANS
7
al Martin, President
Board of Directors
Vallecitos Water District
ATTEST:
Glenn Pruim, Secretary
Board of Directors
Vallecitos Water District
EXHIBIT A
Vallecitos Water District
Water Capital Facility Fee Schedule
Adopted: October 2, 2019
Effective: January 2, 2020
1. The Equivalent Dwelling Unit (EDU) is established as 500 gallons per day (GPD). A 3/4" meter
is equal to one EDU. Meters larger than 3/4" are equal to a base of 1 EDU times the incremental
increase in meter continuous flow rate in gallons per day (see schedule below).
2. Water meter size and amount of capacity to be purchased is determined by using 2018 Master Plan
criteria, land use, information submitted by the applicant, and the project's Water and Wastewater
Study, if applicable. The minimum capacity shall not be less than one EDU. Purchase of additional
capacity may be required and separate landscape meters are required except for single family
residences.
3. Residential and small commercial applicants for service on lots smaller than one acre are subject
to the purchase of water capacity for a 3/4" meter (1 EDU).
4. 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 a 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 option to purchase additional capacity or to have a surcharge on
water consumption over the purchased capacity added to the monthly bill, or the customer must
significantly reduce consumption within three months.
5. Water Capital Facility Fees are modified to $7,896 per EDU ($15.79 per GPD) to be adjusted
annually per Section 4 of this ordinance.
6. The Water Capacity Surcharge is established as $2.60 per unit (hundred cubic feet).
7. 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
3/4" 1.0 500 45 7,896
1 2.5 1,250 75 19,740
11/2" 6.0 3,000 180 47,376
2 8.0 4,000 240 63,168
3 17.5 8,750 525 138,180
4 25.0 12,500 750 197,400
(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.
-Capital Facility Fees are increased based on the annual change in the Engineering News Record's (ENR's) Construction
Cost Index. The index was 12,012 in January 2019.
EXHIBIT A
Vallecitos Water District
Wastewater Capital Facility Fee Schedule
Adopted: October 2, 2019
Effective: January 2, 2020
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 2018 Master Plan
criteria, land use, information submitted by the applicant, and the project's Water and Wastewater
Study, if applicable. The minimum capacity shall not be less than 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
2018 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 volume. If the flow exceeds the purchased capacity based on the most recent
twelve-month average, the payment or lease a (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
Mobile Home (each unit in park)
Mixed Use
250
200
180
Base Capital
Facility Fee
$ 12,986
10,389
9,350
*Multi -Family residential fees are calculated using the Water and Wastewater Study, the land
use categories in the 2018 Master Plan and information submitted by the applicant
(Nonresidential fees are based on land use and/or actual flow capacity as determined by District
review.)
a Lease of capacity is subject to terms and conditions of Ordinance No. 110.
-Capital Facility Fees are increased based on the annual change in the Engineering News Record's (ENR's) Construction
Cost Index. The index was 12,012 in January 2019.