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HomeMy WebLinkAbout2004-04-06; City Council; NS-699; Increase Fees in Sewer Benefit Area H...1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 E%W/ 61 79 ORDINANCE NO. NS-699 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADDING SECTION 13.10.080 TO THE CARLSBAD MUNICIPAL CODE TO INCREASE FEES IN SEWER BENEFIT AREA H. WHEREAS, the City prepared a study entitled "Updated Fee Study Report for Sewer Benefit Area H", dated January 2004, which updated the Sewer Benefit Area Fees for Sewer Benefit Area H, the "Engineer's Report"; and WHEREAS, the Engineer's Report is incorporated as Exhibit "A" to this ordinance; and WHEREAS, the Engineer's Report estimates the capital costs of construction of sewer faci I ity imp roveme n ts; and WHEREAS, fees to implement the construction of those improvements in Sewer Benefit Area H are set forth in the Engineer's Report; and WHEREAS, the fees so established do not exceed the reasonable costs of constructing these facilities and the fees are not levied for general revenue purposes; and WHEREAS, the Engineer's Report was available for public inspection and review fourteen (14) days prior to this public meeting; and WHEREAS, the Finance Director is directed to establish a fund or funds necessary to 2ollect the fees so imposed and to maintain said fund or funds and the interest collected therein and to authorize expenditures for only those projects, bond payments or other construction activities set forth in the Engineer's Report. The Finance Director is further directed to make a ?eport, at least annually, and within sixty (60) days of the close of the fiscal year, determining the Deginning and ending balances for the fiscal year and the fees, interest and other income and imount of expenditure on each public facility. The fees deposited in the fund or funds shall not be :ommingled with any other fees or revenue of the City. The Finance Director is further directed to nake this information available to the public and to report to the City Council not less than fifteen :15) days after making said information available to the public. The Finance Director shall monitor hese funds so that, if required, the City Council may make written findings that all or any portion of he fees remaining unexpended or uncommitted in the fund for five or more years are still 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 necessary and needed for the purpose to which the fee is to be expended and demonstrate a reasonable relationship between that fee and the costs of the improvements. NOW, THEREFORE, the City Council of the City of Carlsbad, California, does ordain as follows: SECTION I: Section 13.10.080 is hereby added to Title 13, Chapter 13.10 of the Carlsbad Municipal Code to read as follows: "Section 13.1 0.080 SEWER BENEFIT AREA FEES "Except as provided, every person who wishes to use the City's sewer facilities in Sewer Benefit Area H shall pay to the City, prior to the issuance of a building permit, a sewer benefit area fee of eight hundred eight dollars ($808) per equivalent dwelling unit for sewer benefit area H. The fee established by this section shall apply to building permits issued thitty (30) days following adoption of this ordinance for residential developments, and commercial and industrial buildings. "The sewer benefit area fees shall be adjusted annually effective September 1, by the annual change to the Engineering News Record Los Angeles Construction Cost Index with a base year index of April 1, 2004." Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 111 Ordinance No. NS-699 page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation in the City of Carlsbad within 15 days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 9th dayof March ,2004, and thereafter, PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council heldon the 6th dayof April ,2004 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard ATTEST: &i/CLh-k-%= KhdAINE M. WOOD, City Clerk APPROVED AS TO FORM AND LEGALITY w7lw RONALD R. BALL, City Attorney Ordinance No. NS-699 page 3 (SEAL) CITY OF CARLSBAD UPDATED FEE STUDY REPORT FOR SEWER BENEFIT AREA H January 2004 CITY OF CARLSBAD UPDATED FEE STUDY REPORT FOR SEWER BENEFIT AREA H PURPOSE The purpose of this report is to update the actual cost of sewer improvements, estimate the amount of future development, and then allocate the proportionate share of such estimated cost to each future equivalent dwelling unit (EDU) within the boundary of Sewer Benefit Area H. The sewer improvements include gravity flow sewer pipelines, a sewage lift station, and a forcemain. Three reaches of the gravity flow sewer pipelines, the sewage lift station, and the forcemain were designed and constructed by Continental Residential, Inc., the developer of Rancho Carrillo (MP 139F). Morrow Development designed two reaches of the gravity sewer pipelines for the Villages of La Costa “The Greens”, and these,are now being constructed. A third gravity flow sewer pipeline will be designed and constructed in the future by the City of Carlsbad. Wastewater generated in Sewer Benefit Area H is intercepted by the gravity flow sewer pipelines, which then convey the flow to the sewage lift station referred to as the Poinsettia Lift Station. The Poinsettia Lift Station then pumps the wastewater flow in the forcemain to the Vallecitos Interceptor Sewer at El Camino Real. Subsequent to the approval of the original benefit area fee program, the final cost to design and construct the sewer facilities described above increased, and the amount of development within Sewer Benefit Area “H” has decreased. Therefore, it is necessary to update the fee amount calculated in the initial fee study report prepared by Wilson Engineering Consulting Engineers titled “Benefit Area Fees for Conveyance System Improvements Update to the December, 1987 City of Carlsbad Master Plan of Sewage”, dated August 1990. PROCESS The sewer benefit area fee program was originally approved by the City Council on January 15, 1991. This updated fee study reflects the updated costs for the sewer facilities and the number of EDU’s that will connect to and use the sewer facilities. The fee will be collected with the issuance of all future building permits within Sewer Benefit Area “H”. Rancho Carrillo (MP 139F), Bressi Ranch MP178A, and Villages of La Costa ‘The Greens” (CT 99-03) were conditioned to construct the sewer facilities prior to or concurrent with the issuance of building permits for these development projects. Reimbursements to Continental Residential, Inc. will be paid by the City for actual costs incurred subject to the terms and limits described in the City’s agreement with Continental Residential, Inc., dated April 14, 2000, as further defined in this report. A future 2 reimbursement agreement will specify conditions for reimbursement to Morrow Development. The developer of Bressi Ranch will not be constructing any of the sewer facilities; and therefore, no reimbursement will occur with that developer. BACKGROUND The sewer facilities described herein provide sewer service to portions of the City of Carlsbad’s Local Facilities Management Zones (LFMZ) 6, 10, and 18 and all of LFMZ 17. The total number of existing EDU’s is 1,869. The existing units include 11 1 EDU’s in CT 73-29 (LFMZ 6B), 1,678 EDU’s in Rancho Carrillo (LFMZ 18B), and 80 EDU’s located east of the City of Carlsbad in the Vallecitos Water District. Although the 80 units are outside the boundary of Sewer Benefit Area “H, their sewer pipeline connects to the collector sewer system in Rancho Carrillo. Vallecitos Water District paid Continental Residential, Inc. for capacity rights in the sewer system. Based on a review of future planned developments in each LFMZ, obtained from growth projections by the City’s Planning Department, the total number of additional future EDU’s is estimated at 2,276, which are within LFMZ 10A, 10B, lOC, 17A, and 17B. The estimated equivalent dwelling units in each LFMZ are shown in Appendix B. Appendix C includes the calculation to determine the number of EDU’s for industrial, commercial, and institutional development, which is used in Appendix B. The combined total of existing plus future EDU’s is 4,145. Using 220 gallons per EDU, the total number of EDU’s will generate an average wastewater flow of 0.91 million gallons per day (mgd), and a peak flow of 2.19 mgd. The sewer facilities are “developer funded”, except for the sewer pipeline VBT1 B, which will be designed and constructed by the City of Carlsbad. As a result, the sewer benefit area fees collected by the City for Sewer Benefit Area ”H” will be used to reimburse Continental Residential, Inc., developer of Rancho Carrillo, and Morrow Development, developer of Villages of La Costa “The Greens” for constructing the sewer facilities. The amount of the reimbursement is proportionate to the cost share of the sewer facilities constructed by each developer. IMPROVEMENTS The sewer facilities convey all flows to the Vallecitos Interceptor Sewer, at a location near the intersection of El Camino Real and Cassia Road. The first segment is a forcemain within an easement listed as pipeline reach VBTlG. The forcemain extends to a point east of the intersection of Poinsettia Lane and Alicante Road, which is the location of Poinsettia Lift Station. Poinsettia Lift Station was previously called North La Costa Lift Station in the original fee study report. Two gravity sewer pipelines begin at the Poinsettia Lift Station. One sewer extends westerly along Poinsettia Lane to Alicante Road and then north in Alicante Road to the north property line of CT 99-03. This pipeline is labeled reach VBTlE. The other sewer extends east within Poinsettia Lane to the 3 eastern boundary of MP 178A and is labeled reaches VBTlD, VBT1C and VBTl A. A third gravity sewer pipeline connects to reach VBTl E at Alicante Road and extends south in Alicante Road to Lapis Road (North). This third pipeline is labeled VBTl F. Subsequent to the preparation of the original fee report, pipeline reach VBTlB, has been eliminated from the sewer benefit area fee program because it will be designed and constructed by the City to serve 11 1 lots in CT 73-29. CT 73-29 is located east of Villages of La Costa “The Greens” and within LFMZ 6B. VBTlB will replace the existing La Golandrina Lift Station, which presently pumps the wastewater to Leucadia Wastewater District. Funding for Reach VBTlB will be obtained from the City’s sewer replacement fund. The Sewer Benefit Area H fee program includes only the cost to design and construct the gravity sewer pipelines, Poinsettia Lift Station, the forcemain and the appurtenances and right-of-way necessary for those facilities. It does not finance the cost of roadway improvements, water facilities, recycled water facilities, sidewalks, landscaping, streetlights, traffic signals, sidewalks, and franchise utilities. The cost of these other improvements are the responsibility of adjacent land developers, and if applicable the Carlsbad Municipal Water District or the City of Carlsbad pursuant to the policy and practice of the City of Carlsbad. BOUNDARIES OF SEWER BENEFIT AREA H Sewer Benefit Area “H is divided into sewer drainage zones. These were created as part of each Local Facilities Management Zone (LFMZ). Each drainage zone is consistent with its LFMZ. The Sewer Benefit Area Fee is paid by or will be collected from every parcel within the boundaries of Sewer Benefit Area “H”, which is defined as all parcels in sewer drainage zones 6B, lOA, lOB, lOC, 17A, 178, and 18B. It is noted that the boundaries of LFMZ 10A and 1OC were modified from the original report. LFMZ 10A has been modified to exclude Lots 2, and 3 in CT 99- 03, and one 3.29-acre lot fronting El Camino Real, which is owned by Paziura Alfonsa. These three lots cannot connect to the Poinsettia Lift Station through proposed gravity sewer pipelines. Closer analysis shows that sewer service will be provided through either a direct connection to the Vallecitos Interceptor Sewer or a future gravity sewer will need to be constructed to connect these lots to the Vallecitos Interceptor Sewer west of El Camino Real. LFMZ 1OC was also modified by deannexing Lots 10, 12, and 17 of CT 99-03 from Carlsbad and annexing these to Leucadia Wastewater District by the City of Carlsbad under Resolution No. 2001-219 on July 24, 2001. Appendix A includes a map showing the final boundaries of Sewer Benefit Area H, and the location of each sewer facility identified in this report. 4 COST ESTIMATE An updated cost estimate is included in Appendix D and totals $3,257,000. The cost includes construction costs, environmental, land acquisition, overhead, and bonds. The updated cost estimate also includes the cost of engineering design, management, and inspection during construction as well as the administrative cost. METHODOLOGY TO DETERMINE FEE To determine the updated Sewer Benefit Area “H” fee the cost share for MP 139F must first be deducted from the total project cost. The reason for deducting the cost share of MP 139F is that no Sewer Benefit Area “H fees were collected from development within MP 139F. The fees were not collected because Continental Residential Inc., constructed sewer facilities greater in capacity than what was required to provide sewer service for MP 139F. Therefore, the updated fee is based on the total project cost minus the cost share for MP 139F divided by the future EDU’s. The future EDU’s are totally outside of the boundary of MP 139F. The cost share for MP 139F is based on a ratio of existing EDU’s in MP 139F divided by the total number of existing and future EDU’s in Sewer Benefit Area “H. The cost of pipeline reach VBTIB will not be included in the analysis for the updated Sewer Benefit Area ”H fee. The City will pay for the entire cost of reach VBTl B through sewer replacement funds. The City is funding VBTl B because the property owners that will be provided sewer service through reach VBTl B are already connected to the City’s sewer system and these connections occurred prior to the formation of Sewer Benefit Area “H thus no additional connection fee can be assessed. Reach VBTlB is necessary to eliminate an existing temporary lift station, referred to as La Golandrina Lift Station. The City entered into an agreement dated August 20, 1981, with Leucadia Wastewater District to abandon La Golandrina Lift Station, upon completion of the sewer system in Sewer Benefit Area “H. The City is using La Golandrina Lift Station to temporarily pump wastewater to the Leucadia Wastewater District sewer system. Revenue received from Sewer Benefit Area “H” fees will be used to reimburse two developers for constructing oversized sewer facilities. Continental Residential, Inc. will be reimbursed the oversizing cost tributary to the Poinsettia Lift Station, forcemain (VBT1 G), and gravity sewer pipeline reaches VBTI A, VBTI C, and VBTl D. Morrow Development will also be reimbursed for oversizing sewer pipeline reaches VBTI E and VBTl F. E.ach developer will be reimbursed from fees collected based on the ratio of the cost of the sewer facilities constructed by each developer. The costs for each developer are shown in Appendix D. 5 SEWER BENEFIT AREA “H” FEE CALCULATION “ EDU’s Tributary to MP 139F 1758 The sewer benefit area fee is based on the total project cost to construct the sewer facilities identified for Sewer Benefit Area “H” minus the cost share of those facilities tributary to MP 139F divided by the future EDU’s. The total project cost is $3,257,000. The cost share for MP139F is determined by the ratio of existing EDU’s in MP139F divided by the total number of existing and future EDU’s in Sewer Benefit Area “H”. This calculation is shown in Table 1. EDU’s in in Sewer of Total Project Sewer Benefit Benefit Area Cost for area Area “H” “H” less outside subarea 66 MP 139 F 2276 4034 2276/4034 x 100%~ 56.42% TABLE 1 Estimated Cost Share of Sewer Facilities for Development Outside of Current SBA “H” Fee $698/EDU MP 139F and Within Sewer Benefit Area “H” Total Existina I Total Future 1 Total EDU‘s I Percent Share Proposed SBA “H” Fee $1,838,000 / 2,276 EDU’S = $808/EDU Developer Cost to be Reimbursed to Developer (a) Continental $2,978,500 Cost Share of Sewer Benefit Area “H” outside MP 139F 56.42% x $3,257,000 = $1,838,000 Percent Share Developer Receives of SBA “H” Fees Collected $2,978,500 / $3,257,000 x 100 = 91.45 % The sewer benefit area “H” fee is calculated by dividing the cost share for areas outside of MP 139F, determined in Table 1, by the future EDU’s. The future EDU’s are estimated at 2,276 as determined in Appendix 6. The updated sewer benefit area H” fee is shown in Table 2 Homes, Inc. Morrow $278,500 $278,500 / $3,257,000 x 100 = The cost share of the fees collected will be reimbursed to Continental Residential Inc., and Morrow Development based on a ratio of project cost attributed to each developer divided by the total project cost. The cost share to each developer is summarized in Table 3. 6 APPENDIX A SEWER BENEFIT AREA H FACILITY LOCATION AND BOUNDARY MAP 7 . . .. . . . . . .-_ _. .. . ~ ... . .. _- c - L APPENDIX B ESITIMATED EQUIVALENT DWELLING UNITS IN SEWER BENEFIT AREA H 9 : Dwelling Units in Sewer Ber Industrial/ Estin LFMZ 6B 1 OA 1 OB 1 oc 17A 17B !fit Area H Total m5Tq-r CT 99-03 186 Lot Lot 5 I MP139F 1663 15 .- Lot 7 CT 02-22 CT02-23 MP 178A PA- 1 PA-2 PA-3 PA-4 PA-6 I27 75 82 64 PA-5 I PA-7 PA-8 PA-9 PA-1 1 PA-1 2 PA-1 3 PA-1 4 PA-1 5 VWD (b) Total 99 98 72 10 94 80 2757 46.20 17 14.2 Commercial 72 18.81 206.97 353.63 331.06 21 0.68 72.1 4 8.28 67.96 1341.53 111.00 72.00 17.00 96.00 141.20 75.00 82.00 18.81 206.97 353.63 331.06 64.00 86.00 21 0.68 99.00 98.00 72.00 10.00 94.00 72.1 4 8.28 67.96 1678.00 80.00 41 44.73 ~~ (b) By separate agreement with Vallecitos Water District dated March 24, 2000, 80 EDU’s are connected to the sewer system of Sewer Benefit Area “H”. 10 ZCI , APPENDIX C ESTIMATED EQUIVALENT DWELLING UNITS FOR FUTURE INDUSTRIAL, COMMERCIAL, AND INSTITUTIONAL DEVELOPMENT IN SEWER BENEFIT AREA H 11 - ._ - .. . Estimated Equivalent Dwelling Units for Industrial, Commercial and I Total EDU’s I 14.90 (a) The conversion factor for industrial and commercial development is based on the 2003 Sewer Master plan of 1,150 gpd/lO,OOO square feet of building area for non-residential flows. At 220 gallons per day per EDU the conversion factor is 1,913 square feet of buitding area per EDU. snackbar, and a peak discharge of 18,000 gallons per week from the swimming pool backwash. Peak use of the restrooms will equate to 1 EDU per restroom. The poot backwash equates to 2,571 gallons per day. Assuming 220 gallons per EDU the pool backwash is 12 EDU’s. For the Alga Norte Park the total EDU’s is 5 EDU’s for restrooms plus 12 EDU’s for backwash water or a total of 17 EDU’s. EDU, which equates to 14.2 EDU’s. equates to 12.9 EDU’s. (b) Lot 5 includes the City’s proposed Alga Norte Park, which will have five restroom facilities, a (c) Lot 7 is planned for a proposed elementary school site with 850 students at 60 students per (d) The existing Carrillo Elementary School has 775 students at 60 students per EDU, which (e) The Carrillo Ranch City Park has two restrooms and a small kitchen, which equates to 2 EDU’s. 12 APPENDIX D UPDATED PROJECT COST ESTIMATE 13 PROJECT COST ESTIMATE FOR SEWER BENEFIT AREA H of Construction Cost) 14