HomeMy WebLinkAbout2002-09-17; City Council; Resolution 2002-2791
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RESOLUTION NO. 2002-279
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING THE ENGINEER'S
REPORT, DECLARING THE CITY'S INTENTION TO INCREASE THE
FEES FOR SEWER BENEFIT AREAS C, D, E, AND F (SOUTH AGUA
HEDIONDA INTERCEPTOR SEWER).
WHEREAS, the City Council of the City of Carlsbad, California, is considering the update
and modification of the fees authorized to be levied and collected within Sewer Benefit Areas C,
D, E, and F; and
WHEREAS, the City Council initially imposed Sewer Benefit Area Fees by Resolution No.
91 -21 in January 1991 ; and
WHEREAS, the City Council may update and modify the fees for Sewer Benefit Areas C,
D, E, and F by a two-thirds approval of an ordinance consistent with Health and Safety Code
Section 5471 and Government Code Sections 66013 and 66016; and
WHEREAS, any increase in the Sewer Benefit Area C, D, E, and F fees which may
result from the update and modification of the existing fees is not subject to Article Xlll D of the
California Constitution; and
WHEREAS, at this time there has also been submitted a Report of the Engineer entitled
"Updated Fee Study Report for Sewer Benefit Areas C, D, E, and F (South Agua Hedionda
Interceptor Sewer), dated July 19, 2002, hereinafter referred to as "Report", said Report generally
setting forth the following:
A. Boundary map of area of benefit;
8. Description of proposed public improvements;
C. Updated estimate of cost for said improvements;
D. Method and apportionment for distribution of costs based upon benefits received
from the proposed public improvements; and
WHEREAS, at this time the City Council of the City of Carlsbad, California, is now ready to
approve the Report as submitted by the Engineer and to consider the proposed update and
modification of the Sewer Benefit Areas C, D, E, and F fees.
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NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That this City Council does hereby declare its intentic ICE In to prc ed to
wthorize the update and modification of the fees authorized to be levied and collected within
Sewer Benefit Areas C, D, E, and F by adopting Ordinance No. ~s-642 for the purpose of
inancing the costs and expenses relating to certain public improvements in Sewer Benefit Areas
>, D, E, and F. A general description of the improvements to be funded is as follows:
The construction of an interceptor sewer consisting of numerous pipeline reaches and the
>annon Road Lift Station. The pipeline reaches include a 24-inch diameter gravity flow pipeline in
>annon Road from Avenida Encinas east to LEGOLAND Drive (SAH4), a 14-inch diameter
orcemain in Cannon Road from LEGOLAND Drive to the Cannon Road Lift Station (SAH3),
3 12-inch diameter gravity flow pipeline in Cannon Road from Cannon Road Lift Station west to
Iaraday Avenue (SAH2), a 12-inch diameter and IO-inch diameter gravity flow pipeline in
-araday Avenue from Cannon Road east to Camino Hills Drive (SAHT3 A&B), a 24-inch diameter
lravity flow pipeline in Cannon Road from Cannon Road Lift Station east to El Camino Real
,SAHI), a IO-inch diameter and 12-inch diameter gravity flow pipeline following the creek to
-ake Calavera from El Camino Real (SAHT2 C&B), and an 18-inch diameter gravity flow pipeline
llong Agua Hedionda Creek (SAHTI E). The improvements also include right-of-way acquisition
:osts, engineering, contract administration, construction engineering, construction inspection, and
nitigation measures. The foregoing improvements may be referred to as the “Improvements”.
REPORT
SECTION 3. The Report, as submitted by the Engineer, is hereby approved and adopted
~y this City Council and shall be kept on file in the Office of the City Clerk and remain open for
Iublic inspection.
Yl
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Page 2 of 4 of Resolution No. 2002-279
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boundaries and area of benefit to be charged to pay the costs and expenses of the improvements
designated as "SEWER BENEFIT AREAS C, D, E, and F (South Agua Hedionda Interceptor
Sewer)" is included as Figure 1 to the Report, and the same is hereby approved and adopted.
COST ESTIMATE
SECTION 5. The cost estimate, as set forth in the Report of the Engineer, reflects the
total updated estimated costs for the improvements, and the method of fee allocation represents a
fair method of allocation of the costs to the area of benefit. The updated estimated cost of the
improvements is $1 1,961,695.
COST ALLOCATION
SECTION 6. The above fees, as set forth in the Report of the Engineer, shall be
applicable to all property within Sewer Benefit Areas C, D, E, and F, except for parcels with
existing building permits that are exempt from the fee, and said fees shall be payable as a
condition of issuing a building permit for the property and portions of the property to be developed.
The Benefit Area Fees shall be adjusted annually, effective July 1, 2003, according to the
Engineering News Record Los Angeles Construction Cost Index with a base year index of
7420 as of April 1, 2002. The City Council further finds that adjusting the fee annually according to
this index most accurately reflects the increased construction costs associated with the
improvements and that by using this index the fees shall not exceed the reasonable future
construction costs and the fees will not be used for general revenue purposes.
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SECTION 7. For any and all information relating to these proceedings, your attention is
11 directed to the below designated person:
WILLIAM E. PLUMMER
DEPUTY CITY ENGINEER
CITY OF CARLSBAD
1635 FARADAY AVENUE
CARLSBAD, CA 92008
TELEPHONE: (760) 602-2768.
At least fourteen (14) days prior to the public meeting to consider approval of the increase
in fees for Sewer Benefit Areas C, D, E, and F, staff will mail written notice of the time and place of
the public meeting, including a general explanation of the matter to be considered to any
interested party who files a written request with the City for mailed notice of the meeting on
increased fees.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 17th day of SEPTEMBER , 2002 by the following vote, to wit:
ila, Nygaard, Hall
(SEAL)
Page 4 of 4 of Resolution No. 2002-279 7