HomeMy WebLinkAbout1976-01-06; City Council; 3563; Sewer connection fee - Rancho Carlsbad Mobile HomeC, Mgr, '6. ,. - DEPARTMENT : Enyineerinq ..
J c Subject: SEP?ER CONNECTION FEES - RANCHO CARLSBAD MOBILE HOME PZK ' .
Statement of the Matter
_I_
Exhibit "1" is a request for a City CoGncil hearing to discuss
the interpretation by City staff that the provisions of Section
13.08.080 Sewer Connection Fees requires the payment or $250.00 for each mobile home space occupied on'or after July 1, 1374. The fee prior to that date was $50.00 per unit, 311 spaces were occupied on June 30, 1974 and payment has been received for these
units at $50,00'per unit. Records indicate an additional 56
units on the property for which no sewer connection charqes have
been received. A recent single move on was approve6 after $250.00 was deposited. Rancho Carlsbad-has approval for"a total of 500
mobile homes:
It is the applicants understanding that in:early 1972, when the
City agreed to collect sewer connection charges as each space became Gccupied, the City also agreed that the fee for each unit woul'd be $50.00, and therefore any subsequent raising of fees
would not apply to the mobile home park.
. Exhibit. _-_-
1. Letter dated December 9, 1975 from law offices of Daubney,
Banche, Patterson, Nares and Reed. . ..
2. Letter from City Manager dated September 22, 1975-
3. Municipal Code Sectiori 13.Q8.080 Sewer Conncction Fees
-4. Report to City Mandger from Public Works Administrator, 1-14-76.
.. . Recoinmendation -
The Council may find that-all hookups after the effective date of the ordinance setting fees at $250.00 should be at that rate or you may find that the obligation was made at $50.00 per hookup and that the method of paying was a time payment
plan at the $50.00 rate.
Council action
1-6-76 The matter was continued for two weeks in order for staff to submit further information.
the fee of $250 shall be effective 'after the date of June 30, 1975 and that all move-ins after the effective date of the Ordinance raising the sewer connection fee shall pay the new
1-20-76 It was moved that the staff recommendation be accepted and that
. - A
LAW OFFICES OF
WILLIAM H. DAUBNEY
NICHOLAS C. BANCHE
JOHN E. PATTERSON
GILBERT NARES
KENNETH E. REED
DAUBNEY, BANCHE, PATTERSON, NARES AND REED
A PROFESSIONAL CORPORATION
702 FOURTH STREET
POST OFFICE BOX 390
OCEANSIDE, CALIFORNIA 92054
December 9, 1975
Paul D. Bussey, City Planayer
City of Carlsbad
1200 Elm Avenue
Carlsbad, California 92008
AREA CODE 714
TELEPHONE 722- iaai
RE: Rancho Carlsbacl Mobile Hone Park
Sewer Connection Pees
Dear Mr. Bussey:
This letter is a follow up to our telephone con-
versation of recent date wherein we discussed the relative
positions of the City and my client 3ancho Carlsbad.
It is my client’s position that they are obligateti
to the Ciky for sewer hook-up fees at the rate of $50.00
per liv-irzg iinit, in this case rnobile home park space, as per
the City ordinance in effect at the time F!ancho Carlsbad
Nobile Home Park connected to the City sewer system.
I have been advised that the present ordinance calls
for a fee oP S2S0.00 per unit, whereas the original ordinance
called for $53.09.
It is therefore. respectfully requested that this
matter be calendared so that a hearing can be had before the
City Council so that their views on this controversy can be
obtained,
If I in regarcjls to
KER: jp
can be of any service to yourself or the Staf?
said hearing, please feel free to contact me.
’ 1200 EUA AVENUE
CkR;SBAD, CALIFORNIA 92008
Oiiice uf fhr? City Manapr
September 22, 1975
Rancho Carlsbad Mobile Home Park
5510 El Camino Real CarLsbad, California 92008
Attention: Ronald D, Schwab
c
Subject : Sewer Conmction Fees
-l
The questions you raised about tke sewr connection
fees for Rancho Carlsbad have been reviewed, Rlthoqh it was agreed that the original obligatim 02 $25,GOQ,00 for the mobile home park could be paiG as *Lhe individual
mobile homes were connectedp 1 find nothing which would
indicate consideration was given to maintaining the original $50,00 per unit fee- Ycnx problems are ilnder- stood by the City staff and 2-L is not azjc inter,fi to
aggravate the situation.
Arguments, of course, can be made about the intent ~7hen
the Sees were established, but: wikhout any concrete evidence the staff has no choice but to impose the new
fee of $250,00 per unit-
.. ..
If you ~7ish relief S~QU
request sho
,out the oxi
City Manage
YDB: Idg
to pursue the matter further, a request for d be addressed ts the CiCy Comcii,
,Id include documsntation which you *“eel. spells inal agreement, 33 you have any questions
he best way to proceedF please cmtact me,
Any
EY
3
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13.08.080 Sewer connection fees. Except as herein- after provided, every person who connects one or more
living units to the city sewer system shall pay the city,
prior to the issuance of a sewer connection permit, a connection fee of two hundred fifty dollars per living
unit. All sewer connection fees shall be placed in the
joint sewer construction fund and shall be used to pay for capital improvements of said system. For a period
of five years from the effective date of the ordinance
codified herein the fee for a living unit or occupied
mobile home space in existence and within the city limits
on or before said date shall be fifty dollars, providing
the connection to the sewer system is completed within
said period. (Ord. 7043 Sl(part), 1974: Ord. 7041 §l,
1973; Ord. 7033 §I).
MEMORANDUM
January 14, 1976
TO : City Manager
FROM: Public Works Administrator
SUBJECT: Rancho Carlsbad sewer fees
In early 1972, Rancho Carlsbad was required to pay sewer connection
fees for 500 spaces at $50.00 per space as a condition of sewer hook-
up. They appealed this decision and were granted relief by the City
in the form of an informal administrative policy that allowed mobile
home parks to pay their sewer connection fees in small number increments
or for each space as that space was occupied. This policy has been
applied to all mobile home parks.
Discussion with Mr. David Dunne, who was Mayor at the time, indicates that there was no intent to allow for installment payments of a lump sum. There was no discussion regarding the possibility of future rate adjustments nor was there discussion concerning the permanency of the
$50.00/living unit rate to Rancho Carlsbad. The only action was to
allow collection of sewer connection fees in small number increments
or for each space as it was occupied.
Subsequent action to revise the sewer connection fee was introduced and adopted in early 1974 with implementation delayed to July 1, 1974. The language of the ordinance is specific as to which dwelling units would be extended the "grandfathering" rights of paying $50.00 per unit beyond the time the $250.00 per unit rate was effective. In mobile home parks, the "grandfathering" right was extended to "occupied mobile home space". LanaKai Mobile Home Park was occupied, but was served by septic tanks. They were not able to connect to sewers and thus pay their sewer connection fees until some time after July 1, 1974.
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Because the language of the ordinance was clear and because there were
no outstanding building permits, Rancho Carlsbad was not notified by
letter of the rate change in the interim period of ordinance adoption
(March 6, 1974) and ordinance implementation (July 1, 1974). They were
notified by letter dated July 15, 1974 that outstanding connection fees as of June 30, 1974 (46 spaces) would be paid at the rate of $50/space and that spaces occupied and connected after July I, 1974 would be billed at $250/space. This same policy was applied to Lakeshore Gardens.
To date, 56 spaces have been occupied by Rancho Carlsbad since July 1, 1974, and no sewer connection fees have been paid, with the exception of one recent connection fee of $250. Lakeshore Gardens has occupied approximately 505 spaces since July 1, 1974 and have paid sewer connec- tion fees of $250/space. Our records indicate that there are an additional
1405 spaces remaining at Rancho Carlsbad which have not paid their sewer connection fees and 134 unpaid spaces remaining at Lakeshore Gardens.
RAB/dh