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HomeMy WebLinkAbout4 Water Facilites Water Ord Agenda Item # 4. MMM n Memorandum To: Board of Directors From: Peter Holzmeister Date: November 21, 2001 Public hearing on water facilities ordinance A public hearing is scheduled for Wednesday evening to receive comments regarding a possible amendment to the water facilities fee ordinance. Ordinance 2001-01 established the water facilities fees, a copy of which is attached for your review. At the bottom of page 2 paragraph number 1 defines "New Development" to include the addition of floor space to existing improvements which involve the issuance of a permit for construction or reconstruction. This is the language that is being discussed by the board. Generally, you have talked about four options: 1) Make no change in the current ordinance 2) Amend the current ordinance to provide that the addition of floor space less than 500 square feet shall be exempt from paying a water facilities fee. 3) Amend the current ordinance to provide that the first 500 square feet of any addition is exempt from paying a water facilities fee. 4) Amend the ordinance to provide that any addition of floor space to existing improvements is exempt from paying a water facilities fee. The Truckee Fire Protection District, the School District and the Recreation and Park District all follow a practice similar to option 2 above. This issue came before the Board as a result of an appeal filed by Mr. Jack Emmetts, who is required to pay a fee on a 1,200 square foot addition to his home. He states that he did not know the fee was increasing or he would have paid early in May. UCKEE DONNER Public Utility District Ordinance No. 2001-01 Establishing water facilities and connection fees WHEREAS, a study was conducted of the impacts of contemplated future development on this District's existing water services and facilities in the District's water service area along with an analysis of new, improved or expanded public water facilities and improvements required or appropriate to serve new development and said study set forth the relationship between new development,those services or facilities and the estimated costs of those improvements.The study is the District's 2001 Water Master Plan Update. WHEREAS,this 2001 Water Master Plan Update was available for public inspection and review for more than ten (10) days prior to this public hearing and notice was given in compliance with Government Code Section 66016; and WHEREAS, a public hearing, noticed pursuant to and in compliance with Government Code Sections 66018 and 6062a, was held at a regularly scheduled meeting of the Board of Directors, and WHEREAS, the Board of Directors finds as follows: Regarding Facilities Fees: A. The purpose of the facilities fee is to finance public water system facilities to reduce the impacts of additional demands on the existing water system caused by new development within the District's water service area. B. The water facilities fees collected pursuant to this ordinance shall be used to finance the public facilities described or identified in the 2001 Water Master Plan Update. C. After considering the Water Master Plan Update and analysis prepared by District Staff and the testimony received at public hearings, the Board finds that the new development in the water service area will generate additional need for new water system facilities within the impacted area as described in the 2001 Water Master Plan Update map and will contribute to the degradation of the public water supply in that area. D. It is appropriate or necessary in this described impact area to provide for water system facilities which have not been constructed or have been constructed but new development has not contributed its fair share towards these facility costs and said facilities. E. The facts and evidence presented establish that there is a reasonable relationship between the need for the described public facilities and the impacts of the types of development described in paragraph three below, for which the corresponding fee is charged and there is a reasonable relationship between the fee's use and the type of development for which the fee is charged, as these reasonable relationships or nexus are in more detail described in the Water System Master Plan referred to above. F. In compliance with the California Environmental Quality Act,following a properly noticed public hearing held at a regularly scheduled meeting of the Board of Directors,the Board did adopt a Negative Declaration for the adoption of the Water System Master Plan Update and water facilities and connection fees.A Notice of Determination was filed with both the Nevada and Placer County Clerks in March of 2001. G. The cost estimates set forth in the 2001 Water Master Plan Update are reasonable cost estimates for constructing these facilities and the fees expected to be generated by new development will not exceed the total of these costs. Regarding Connection Fees: A. The purpose of connection fees is to reimburse the District for the actual administrative, material and labor costs(excluding service lateral) of connecting to the water system. B. A review of the water connection fees has revealed an increase in costs over the past several years. C. In compliance with the California Environmental Quality Act,following a properly noticed public hearing held at a regularly scheduled meeting of the Board of Directors,the Board did adopt a Negative Declaration for the adoption of the Water System Master Plan Update and water facilities and connection fees.A Notice of Determination was filed with both the Nevada and Placer County Clerks in March of 2001. NOW,THEREFORE, BE IT ORDAINED that the Board of Directors of the Truckee Donner Public Utility District does hereby enact the following: 1. "New development" shall mean construction of residential improvements, construction of commercial, industrial or other non-residential improvements, or the addition of floor space_ to existing improvements which involve the issuance of a permit for construction or reconstruction. 2. A water facilities fee shall be charged upon application for water service and shall be paid prior to provision of water service by new development in the water service area depicted and described on the Master Plan map. The District Water Planner shall determine if the development lies within this area,the type of development and the corresponding fee to be charged in accordance with this ordinance. 3. Use of Facilities Fees-The fee shall be solely used to pay(1)for all costs associated with the described public facilities to be constructed by the District, (2)for reimbursing the District for the development's fair share of those capital improvements already constructed by the _ District, or(3)to reimburse other developers who have constructed public facilities described in the 1995 - 2015 Water System Master Plan, where those facilities were beyond that needed to mitigate the impacts of the other developers' project or projects. 4. Residential Facilities Fee—Water facilities fees shall be according to a charge per square foot of living space for the area to be constructed.The facilities fees shall be$1.56 times the square feet of living space as determined by the Building Permit. 5. Commercial Facilities Fee—Water facilities fees shall be charged according to the following schedule: METER SIZE EDU FACILITIES (inches) FEE 5/8 x 3/4 1 $ 3,086 3/4 1.5 4,629 1 2.5 7,715 1 'Y2 5 15,430 2 8 24,688 3 15 46,290 4 25 77,150 6 50 154,300 6. Connection fees are charged to reimburse the District for the actual administrative, material and labor costs of connecting to the water system (excluding the service lateral). 7. Connection fees shall be charged according to the following schedule: METER SIZE CONNECTION (inches) FEE 518 x 3/4 $ 990 314 1,020 1 Actual cost 1 'Y2 Actual cost 2 Actual cost 3 Actual cost 4 Actual cost 6 Actual cost 8. Fee review-On or about March of each following year, the District's staff shall review the estimated cost of the described capital improvements,the continued need for those improvements and the reasonable relationship between such need and the impacts of the various types of development pending or anticipated and for which these fees are charged. The staff shall report its findings to the Board of Directors at a noticed public hearing and recommend any adjustment to this fee or other action as may be needed. 9. If no protest is made pursuant to Public Utilities Code Section 16078,then this ordinance shall be effective thirty(30)days after the date it was adopted by the Board of Directors. 10. The Clerk of the District shall immediately cause a copy of this ordinance to be published in a newspaper of general circulation and posted in three places within the District. PASSED AND ADOPTED by the Board of Directors at a meeting duly called and held within the District on the 7" day of March 2001 by the following roll call vote: AYES: Aguera, Hemig, Van Gundy and Maass. NOES: Sutton. ABSENT: None. TRUCKEE DONNER PUBLIC UTILITY DISTRICT By ..¢-, CC U—z. Jame". Maass, President ATTEST yD Peter L. Holzmeisfer, tierk of the Board ' etT e�T cc 11/28/01 TO: Truckee Donner public Utilities District Board of Directors RE: Water Facilities Ordinance Review The Contractors Association of Truckee Tahoe (CATT) urges the TDpUD Board of Directors to adopt Option #2 of the memorandum dated 1112101, set forth by peter tiolzmeister in regards to the review of Water Facilities Ordinance. This option eliminates the application of facilities fees to additional living or floor space to existing structures. GATT, which represents nearly 200 local businesses, their families and employees, feels the facility fee charge on additional floor space is an unfounded fee based on the calculations performed in April 2001. This ordinance, in its original conception, never figured on monies from additional living or floor space to existing structures. The original proposal combined all the new construction square footage during a certain period of time, divided it by the originally proposed flat fee, resulting in a $1.56 a square foot fee. Additions and conversions were never considered in the original proposal; therefore eliminating the fee causes no negative effect on the overall facilities budget. We urge the Board of Directors to adopt Option 2, to read: "New development" shall mean construction of residential improvements, construction of commercial, industrial, or other non-residential improvements, except the addition of living or floor space to existing improvements, which involve the issuance of a permit for construction or reconstruction. Thank you for hearing our view, Joe urns, GATT Executive Director 2001 CONNECT FEE & FACILITY FEE INCREASE SUMMARY DATE DESCRIPTION FEES PAID PRIOR RATES DIFFERENCE 5/01-9/01 Electric Connect Fee 66,365.00 47,000.00 19,365.00 5/01-9/01 Electric Facility Fees No Increase No Increase No Increase 5/01-9/01 Water Connect Fees 69,930.00 31,050.00 38,880.00 5/01-9/01 Water Facility Fees 145,903.68 25,452.00 120,451.68 TOTALS 282,198.68 103,502.00 178,696.68 1 �' �� .~~,vim �:l"; Y"'.. ., �(`.` � � •w :-.; -- •�; :.... ; J to 5{ aJ 3� ...