Ord 0226 06/2024ORDINANCE NO. 226
AN ORDINANCE OF THE BOARD OF DIRECTORS
OF THE VALLECITOS WATER DISTRICT
ADOPTING 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 and Wastewater 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 or wastewater 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
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
Ordinance No. 226 Page 2
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 has since been updated to account for the District's
2023 Twin Oaks Sub -Basin Sewer Plan, adopted by the District Board on June 19, 2024, which
amended the 2018 Water, Wastewater, and Recycled Water Master Plan to include the Twin
Oaks Valley Road Sewer Improvement Project, as well as incorporate these project costs into
the 2018 Master Plan costs with a Wastewater Capital Facility Fee Revision (the "Cap Fee
Study") to bring the Wastewater Capital Facility Fee to January 2024 values using the
Engineering News Record Construction Cost Index; and
WHEREAS, the Twin Oaks Sub -Basin Sewer Plan and 2023 Cap Fee Study, which
maintains the same model and method of calculating the Charges as the Prior Report and
Updated Report but updates the model to account for the Twin Oaks Valley Road Sewer
Improvement Project, 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 it is appropriate at this time to adjust the amount
of the Charges, based on the findings and analysis contained in the 2023 Cap Fee Study; and
WHEREAS, the District now wishes to adopt increases to the Charges, in the amounts
set forth in Exhibits "A" and "B" 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 and the 2023 Cap Fee Study.
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. 226 Paae 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 protected 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 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).)
Ordinance No. 226 Page 4
(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 June 19, 2024, 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. 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
considers water demand and wastewater generation from development to determine if the
current water and wastewater infrastructure is sufficient to accommodate the development and
provides recommendations for needed capital improvements to provide service.
SECTION 4. Adoption of Charges: The Board of Directors hereby adopts the Charges
in the amounts set forth in Exhibits "A" and "B" hereto. EDUs for Water Charges and for
Wastewater Charges are assigned as set forth in the fee schedule set forth in Exhibits "A" and
"B" 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 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 Exhibits "A" and
"B" 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
Ordinance No. 226 Page 5
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 Exhibits "A" and "B" for
such meter size.
SECTION 5. Annual Adjustments to Charges: Commencing January 1, 2025, and each
January 1 thereafter, the Charges (subject to any decrease set forth in Section 4 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 6. Inconsistency with Other Actions, Fees, and Charges: To the extent that
the Charges established by this Ordinance, or any provision herein are inconsistent with any
rates, fees, charges previously adopted by the District, or other actions previously taken by the
District, it is the explicit intention of the Board of Directors that the Charges adopted in this
Ordinance and provisions contained herein shall prevail.
SECTION 7. Time of Payment of Water and Wastewater Capital Facility Fees: Water
and Wastewater Capital Facility Fees shall become due, and payable pursuant to Resolution
No. 1441 and prior to commitment by the District for service.
SECTION 8. Non -Refundable: To assure availability for proper planning and to meet
obligations incurred by the District to develop capacity in the District's water and wastewater
system in a timely manner, all water and wastewater capital shall be non -transferable, and all
water and wastewater capital facility fees collected shall be non-refundable.
SECTION 9. 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 10. 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 11. 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 August 18, 2024, as well as to implement any increase to the Charges as
authorized herein and in accordance with the schedule of rates in Exhibits "A" and "B" 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. 226 Page 6
SECTION 12. Limitations on Judicial Review: Any judicial action or proceedings to
attack, review, set aside, void, or annul this ordinance or any water or 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.
SECTION 13. Effective Date: August 18, 2024. 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 19th day of June 2024, by the following roll call
vote:
AYES: BOYD-HODGSON, ELITHARP, GROSET, HERNANDEZ, PENNOCK
NOES:
ABSTAIN:
ABSENT:
Tiff ny Boyd -Hodgson, President
Board of Directors
Vallecitos Water District
ATTEST:
Js Gumpel, Secy ary
Board of Directors
Vallecitos Water District
EXHIBIT "A"
Vallecitos Water District
Water Capital Facility Fee Schedule
Adopted: June 19, 2024
Effective: August 18, 2024
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 be based on the
2018 Master Plan land use designations. Purchase of additional capacity may be required,
and separate landscape meters are required except for single family residences. One
meter shall not serve more than one APN.
3. Residential and small commercial applicants for service on lots smaller than one acre are
subject to the purchase of water capacity for 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 $10,036 per EDU to be adjusted annually per
Section 5 of this ordinance.
6. The Water Capacity Surcharge is established as $3.33 per unit (hundred cubic feet).
7. The Water Meter Base Capacity Schedule is established as minimum for each meter size:
2024 Capital
Facili
Fee
Meter Size
EDU
GPD
Base Fee
3/4"
1.0
500
$10,036
1"
2.5
1,250
$25,090
1-1/2"
6.0
3,000
$60,216
2"
8.0
4,000
$80,288
3"
17.5
8,750
$175,630
4"
25.0
12,500
$250,900
Meters larger than 4" are restricted to fire service purposes unless request is submitted to the
Board of Directors for consideration.
Capital Facility Fees are increased based on the annual change in the Engineering News
Record (ENR) Construction Cost Index, Los Angeles. The 2024 Capital Facility Fees are
based on the December 2023 ENR index of 15,258.
EXHIBIT "B"
WA MW
Vallecitos Water District
Wastewater Capital Facility Fee Schedule
Adopted: June 19, 2024
Effective: August 18, 2024
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 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 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 (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 Wastewater Capacity Lease is established as $80.24 per gallon per day.
5. The Wastewater Capital Facility Fee Schedule is as follows:
2024 Capital Facility Fee
Residential Category
GPD
EDU
Sewer
Fee
Single Family Residence **
250
1.00
$20,059
Mobile Home (each unit in
ark
200
0.80
$16,048
Mixed Use — Residential (per
unit
180
0.72
$14,443
"Multi -Family residential fees are calculated using the Water and Wastewater Study, 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.
Capital Facility Fees are increased based on the annual change in the Engineering News
Record (ENR) Construction Cost Index, Los Angeles. The 2024 Capital Facility Fees are
based on the December 2023 ENR index of 15,258.