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Home My WebLink About2010-03-09; City Council; CS-077; Amend CMC Sewer Benefit Areas...E+k, id? ! [< 8 ORDINANCE NO. CS-077 AN ORDINANCE OF THE ClTY COUNCIL OF THE ClTY OF CARLSBAD, CALIFORNIA, REPEALING SECTION 13.10.090, AND AMENDING SECTION 13.10.080 OF THE CARLSBAD MUNICIPAL CODE TO INCORPORATE SEWER BENEFIT AREAS A THROUGH M, AND REVISE THE FEES FOR SEWER BENEFIT AREAS A, B, G, H. I. AND K. I I Whereas, the City prepared a study entitled "Updated Fee Study Report for Sewer Benefit 11 Areas "A, B, G, H, I, and K, dated November 2009, which updated the Sewer Benefit Area Fees I I for Sewer Benefii Areas " A, B, G, HI I, and K", the "Engineer's RepoK'; and I I Whereas, the Engineer's Report on file in the City Clerk's Office and incorporated by I/ reference as Exhibit "A" to this ordinance; and 11 Whereas, the Engineer's Report estimates the capital costs of construction of sewer I I facility improvements; and I 1 Whereas, fees to implement the construction of those improvements in Sewer Benefit I I Areas "A, B, G, H, I, and K, are set forth in the Engineer's Report; and 11 Whereas, the fees so established do not exceed the reasonable costs of constructing I I these facilities and the fees are not levied for general revenue purposes; and I I Whereas, the Engineer's Report was available for public inspection and review fourteen I I (14) days prior to this public meeting; and I I Whereas, the Finance Director is directed to establish a fund or funds necessary to collect the fees so imposed and to maintain said fund or funds and the interest collected therein and to 11 authorize expenditures for only those projects, bond payments or other construction activities set I I forth in the Engineer's Report. The Finance Director is further directed to make a report, at least I I annually, and within six (6) months of the close of the fiscal year, determining the beginning and I I ending balances for the fiscal year and the fees, interest and other income and amount of I I expenditure on each public facility. The fees deposited in the fund or funds shall not be I I commingled with any other fees or revenue of the City. The Finance Director is further directed to I I make this information available to the public and to report to the City Council not less than fifteen 1 ( (15) days after making said information available to the public. The Finance Director shall monitor I ,,I l hese funds so that, if required, the City Council may make written findings that all or any portion )f the fees remaining unexpended or uncommitted in the fund for five or more years are still recessary and needed for the purpose to which the fee is to be expended and demonstrate a easonable relationship between that fee and the cost of the improvements. Now, therefore, the City Council of the City of Carlsbad, California, does ordain as follows: Section I: Chapter 13.10.090 to Title 13 of the Carlsbad Municipal Code is hereby .epealed. Section II: Chapter 13.10.080 to Title 13 of the Carlsbad Municipal Code is hereby revised o read as follows: "Section 13.10.080 Sewer Benefit Area Fees A Through M "Except as provided, every person who wishes to use the City's sewer facilities in Sewer Benefit Areas A through M, shall pay to the City, prior to the issuance of a building permit, a Sewer Benefit Area fee of nine hundred fifty five dollars ($955) per equivalent dwelling unit for Sewer Benefit Area A; one thousand eighty seven dollars ($1,087) per equivalent dwelling unit for Sewer Benefit Area B; two thousand three dollars ($2,003) per equivalent dwelling unit in Sewer Benefit Area C; two thousand seven dollars ($2,007) per equivalent dwelling unit in Sewer Benefit Area D; two thousand nine hundred sixty dollar ($2,960) per equivalent dwelling unit in Sewer Benefit Area E; two thousand nine hundred seventy six dollars ($2,976) per equivalent dwelling unit in Sewer Benefit Area F; six hundred dollars ($600) per equivalent dwelling unit for Sewer Benefit Area G; eight hundred seventy three dollars ($873) per equivalent dwelling unit for Sewer Benefit Area H; no fee per equivalent dwelling unit for Sewer Benefit Area "I"; one thousand six hundred forty seven dollars ($1,647) per equivalent dwelling unit in Sewer Benefit Area J; one thousand three hundred and two dollars ($1,302) per equivalent dwelling unit for Sewer Benefit Area K; one thousand three hundred and two dollars ($1,302) per equivalent dwelling unit for Sewer Benefit Area L; and sixty four dollars ($64) per equivalent dwelling unit for Sewer Benefit Area M. The adjusted fee established by this section shall apply to building permits issued thirty (30) days following adoption of this ordinance for residential developments, and :ommercial and industrial buildings only in Sewer Benefit Areas A, B, G, H, I, and K All wnaining sewer benefit area fees remain unchanged. The Finance Director is authorized to refund the entire amount collected for Sewer Benefit 4rea I to all property ownersldevelopers that paid the Sewer Benefit Area I fee. 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 lase year index of April 1,2010. The fee adjustment for the July 1, 2009 to June 30, 2010 fiscal year shall be held in abeyance for a period of one year. Thereafter the fee shall return to the amount it would have )een had there been no suspension unless prior to that time the City Council adopts an lrdinance specifying a different fee or formula." EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the 2ity Clerk shall certify the adoption of this ordinance and cause it to be published at least once in 1 newspaper of general circulation in the City of Carlsbad within 15 days after its adoption. ,I/ 'i1 '/I '11 '11 '11 (11 (11 (11 111 111 Ill INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 16th day of February, 2010, and thereafter. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the Crty Council of the City of Carlsbad on the 9th day of March, 201 0 by the following vote to wit: AYES: Council Members Lewis, Hall, Packard and Blackbum. NOES: None. 1 ABSENT: Mayor Pro Tern Kulchin. 1 ABSTAIN: None. APPROVED AS TO FORM AND LEGALITY ATTEST: