Loading...
HomeMy WebLinkAbout1983-08-16; City Council; 7470; Request for waiver of sewer capacity feeCIP, 1, AB#XYZL MTG.8/16/xn DEW. ENG a " '8 REQUEST FOR WAIVER SEWER CAPACITY FEE . OF TITLE: 3 s 4 0 I 3 0 0 M to I u) I CI 2. Receipt for Sewer Fees 3. Letter from Assistant City Manager/Developmental Services, dated May 27, 1983. dF CARLSlBAD - AGENDd 3ILL DEPT.HD. 6 I CITY AlTYm I RECOMMENDED ACTION: Deny request by Jay Hoffman for a waiver of capacity fee as a requirement to connect to a sewer. V I ITEM EXPLANATION: Jay Hoffman is asking for a waiver of sewer fees on the "Country Store" on the basis of longevity as Carlsbad residents and the locale is a rural area. The request is further based upon an agreement to contribute $20,000 to assist in the installation of a new line from Kelly Drive to El Camino Estates. His letter of request is attached. (Exhibit 1). Mr. Hoffman has paid a fee of $9720.00 (receipt attached - Exhibit 2) based upon 9.72 EDU's assigned to his establishment.. This fee is the sewer capacity fee specified in Paragraph 13.10.030 (sewer capacity fee - Encina Treatment Plant), quoted as follows: 13.10.030 sewer capacity fee - Encina Treatment Plant. Except as provided, every person who wishes to use the city sewer system and the Encina Treatment Plant shall pay to the City prior to the issuance of a sewer permit, a sewer capacity fee of one thousand dollars per equivalent dwelling unit. All sewer capacity fees shall be placed in the joint sewer construction fund and shall be used to pay for capital improvements of such system. (Ord. 7060 $1 (part), 1980). This issue had been raised previously by Mr. Hoffman on the basis of a "grandfather clause". The matter was researched and a response sent to Mr. Hoffman to the effect that no "grandfather clause" existed at this time and that he was liable for the fee. Copies of the correspondence are attached. (Exhibit 3) I FISCAL IMPACT: The fee of $1000 per equivalent dwelling unit bas been established to provide the capital to construct sewer trunk lines and the expansion of the Encina Treatment Plant. Elimination of the fee will result in a funding shortfall for sewer construction. EXHIBITS : 1. Letter from Jay Hoffman, dated June 29, 1983. It is requested that this letter serve as an appeal to the City Coun- cil for a waiver on the present-day charges for our Country Store sewer hookup in accord with the lesser charges of several years ago had the sewer line been available then, We established Marja Acres in the fall of 1951, The building presently in question was built in 1961, and opened as the Country Store in 1972, Had there been a sewechere then we would have hooked up, but it was not feasible and we opted for a cesspool; then two more cesspoolsf and then in 1978 we had to have still more capacity only to be involved in the Moratorium. Tim Flannigan, then City Engineer, would not allow a hookup and recommended enlarging our existing facility, We had no alter- native but to put in two more cesspools, Fortunately, we had land enough to keep digging holes, This method has worked to a degree since 1978 by putting in auxiliary lines and pumping the cesspools frequently, Clj-ith the advent of El Cadno Estates, and our selling five acres to them we agreed to contribute $2O,OOO, to the cost of installing the sewer line from Kelly Drive, Thus, at long last we were no longer co-mtry and could be city people and have a sewer. We feel that we have been residents of Carlsbad long enough and are still rural enough that we should not be obligated to pay present-day fees just because the Eacility was not available to us until the present day. We have helped pay toward a sewer line for future City use, Anyone considering developent today has the option of accepting or rejecting We are existing,, and do not have that choice, Jay I?, Hoffman /y cc: City Council r; I.' APPLICATION FOR PERMIT TO CONNECT TO CITY SEWER SYSTEM CITY OF CARLSBAD ENGINEERING DEPARTMENT 438-5541 I FOR APF'LICANT TO FILL IN I a I EXiSTlNG BUiLDlNG I % ri E?/iAR KS: I LATERAL LOCATION I ST. LATERAL KO. INSTALLATION DATE c DATE ISSUED VAL1 DATION LATERAL CHARGE COMPUTATION STANDARD 4" (Max. H. 3W, V. 10') OVER30". @ FT. OVERlWV. @ FT. STANDARD 6'' (Max. H. 30'. V. 10') OVER 30' H. @ FT. OVER 1o'v. F T. TOTAL CONSTRUCTION COST SERVlCE CHARGE (REPAVING ETC.) TOTAL LATERAL CHARGE LINE COST DATA ASSESSMENT DIST. NO.--.- F fi ON TAG E COST PER FT. TOTAL PUMP STATION FEES NO. UNITS COST PER UNtT TOTAL TOTAL CHARGES (LATERAL ETC.) WHITE: Engineering GREEN: Finance YELLOW. Sanitation PINK. Building GOLDENROD: Permttter 1 .*. +x3n--,?.- ~ -- -- -_.___-. - - --.."-pT.-- =-.- -- - "04 "I f* ** - 1200 ELM AVENUE \- OFFICE OF ih CARLSBAD. CALIFORNIA 92008-1989 (619) 438-5596 . ASSISTANT CITY MA%:4GER/ DEVELOPMENTAL SZHVICES May 27, 1983 Mrs. Jay Hoffman 4901 El Camino Real Carlsbad, California 92008 SEWER CONNECTION FEES Following up on our telephone conversation at noon today, enclosed, for your use, are copies of Ordinance 7043 and the present city code setting sewer connection fees. Ordinance 7043 was adopted in 1974 and allowed existing living units to hook up at the low rate for a period of five years. Thzt grandfather clause expired in 1979. The present city ordinance setting hook-up fees :\-as acLopted in 1980 amd it makes no provision for "grandfathering." Before issuing a permit to hook up your Country Store building, the city engineer will calculate the fee based on the type of uses within the building. If you have the use information available, it will speed up the permit process. Good luck. Very truly yours, RON-qLD A. BECAQLAN Assistant City- Manager/ Developmental Services RAB : pab Attachment c: City Manager - w/attachment City Engineer - w/ attachment SEPTEMBER 6, 1983 . TO: CITY MANAGER FROM: City Engineer SEWER PERMIT AT COUNTRY STORE In view of subject permit action, based upon information furnished by applicant a sewer permit for 9.72 EDUs was issued and a fee of $9720 collected.. This was made up of 6.056 EDUs assigned to office space and store plus 3.67 EDUs for the restaurant. Subsequent information was received that changed the basis for the EDU calculations. Instead of the 2400 square foot restaurant being a fast food outlet, it was in fact a restaurant and; therefore, in accordance with the Code must be assessed sewage capacity at the rate of one EDU for each seven seats or fraction thereof. When the Council heard an appeal from the owner' (J. Hoffman) for relief from this expense, it was estimated this restaurant had 60 seats. However, as the result of a personal visit and physical count of the seats, it was determined the restaurant had 100 seats-in service at that time. Therefore, the correct EDU assessment for the Country Store is as follows: Office Space and Stores Restaurant 100j7 + 2.67 TOTAL : At $1000 per EDU, the value of the sewer permit shou 6.056 EDUs 17.67 EDUs 23.726 EDUs d be $23,726. / As a measure of validity of the foregoing EDU calculations, a review was made of the water consumption at the Country Store based upon water bills ' paid to the City. With no allowance for water loss through irrigation or other non-sewage uses, the equivalent of EDUs on a monthly basis for a 12-. month period, August '82 to July '83, ranged from a low of 4.4 EDUs to a high of 15.36 EDUs. The averige over the three months, May - July 1983, was 10 EDUs. operations of the restaurant will De on the water usage and the resulting sewage demand. It remains to be seen what the impact of the increasing . .. ... . . . Page -2- SEWER PERHIT AT COUNTRY STORE September 6, 1983 * From July 1979 when the "grandfather" clause permitting reduced rates for sewer hookup expired until the present day (September 1, 1983), 112 EDUs of sewer permits have been issued at $1000 per EDU solely for med septic systems. This would indicate that the instant case is not a unique circumstance, but rather one in which many others have found themselves and have been required to pay the full rate. Undoubtedly, similar cases will come up in the future, however, an accurate forecast cannot be made. It should also be noted that commercial enterprises, ather than Hoffman, (Plaza South, for example at 49 EDUs) had failed septic systems and were asked to pay the established fee. - It is concluded that based on current usage, the required sewage capacity is at least the 9.72 EDUs previously calculated and more than likely will approach the 23 EDUs as the restaurant operation matures. application of the Code would require that the City bill Mr. Hoffman for an additional $14,006 for sewage capacity. Since the Council is considering this situation, no action contemplated before their discussion on Mr. Hoffman appeal. A strict ROY KACKLEY RLK : mmt <- I .