HomeMy WebLinkAbout1988-01-05; City Council; 9259; Appeal of Engineer's Decision: Sewer WaiverCARLSBAD — AGENDA ^ILL
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DEPT. Flsir.
TITLE:
APPEAL OF CITY ENGINEER'S DECISION:
PALATE PLEASERS SEWER WAIVER
DEPT. HD^^-
CITYATT^jS?*
CITY MGlG§^_
RECOMMENDED ACTION:
Uphold the City Engineer's decision and deny the appeal to waive or
reduce sewer fees.
ITEM EXPLANATION
Hank and Patti Kuemmel of Palate Pleasers are appealing the City
Engineer's decision of sewer charges levied to their proposed catering
business.
The City Engineer in conformance with past practice has determined that
their catering business is substantially the same as a delicatessen, per
Chapter 13.10.020 (c) (7) (see attached). There are presently 3 catering
businesses and 12 delicatessen businesses in the City. A check of these
businesses indicates that all were charged the minimum standard of 2.67
E.D.U.'s.
The Kuemmel's have asked, in their letter, for a waiver or reduction of
fees, but have provided no evidence supporting an appropriate fee. To
insure complete fairness, the City Engineer, in the attached memo to the
City Manager, proposes the alternative of having the Kuemmel's install a
meter in their business for a period of one year to determine the actual
usage. At the end of that year, a refund or additional payments could be
made, based on the actual usage.
FISCAL IMPACT
NONE.
EXHIBITS
1. Letter from Kuemmel's dated December 2, 1987, appealing decision to
City Council.
2. City Engineer's memo of December 24, 1987 to City Manager.
ni cnscrsK-^l—v_v_Jv_-A I v_y
December 2, 1987
Ms. Aletha Rautenkranz
City Clerk
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92009-1915
RE: Request to Appeal to Waive or Reduce Sewer and Water Fees
City of Carlsbad Ordiance Chapter 13.10.020, Section (C)(7)
Dear Ms. Rautenkranz:
We recently wrote Mr. Ray Miller requesting an appeal to waive the
sewer and water fees that are being assessed against our business. A
copy of that letter is enclosed for your information.
Today we received a letter from Mr. Lloyd B. Hubbs, City Engineer, who
advised us that our next step to the appeal would be to write to you
requesting the matter be brought before the City Council. (The Council
members have received a copy of the letter to Mr. Miller.)
Our new business at 5631 Palmer Way, Suite B, is approximately 1,576
square feet. To begin operation, we are being charged nearly $6,000 in
sewer and water fees. This is the same amount that a full-service
restaurant or a school cafeteria is charged. We feel that this charge
is being unfairly and inappropriately assessed against our business, as
our business does not fall within these categories.
We feel the ordinance needs to be reevaluated and fairly adjusted, and
would like the City Council to hear our appeal for waiver or realistic
reduction of these fees as soon as possible.
The $25 appeal fee is enclosed. Thank you for your consideration.
Sincerely,
iiaii^ ,«.uaiinr=-i- . Patti Kuemmel
Palaxe Pleasers Palate Pleasers
Encl.
2533 Cornwall, Oceanside, California 92054 (619) 433-5736
December 24, 1987
TO: CITY MANAGER
FROM: CITY ENGINEER
PALATE PLEASERS1 APPEAL OF SEWER AND WATER CHARGES
The Engineering Department is in receipt of an appeal from Henry and
Patti Kuemmel challenging the imposition of sewer and water connection
fees of 2.24 Equivalent Dwelling Units (EDU's). The Kuemmel's pro-
pose to operate a catering business where they will prepare foods.
Municipal Code provides charges for ten separate use types (see at-
tached). Of the ten types, it would appear that Type 7, restaurants
with no seating, or delicatessen using only disposable tableware, is the
most appropriate category. In both cases, the charge established is
2.24, based on the standard of 2.67 minus a credit of 0.43 for existing
use. This finding is consistent with twelve cases previously determined.
It should be noted that for uses not specifically designated, the City
Engineer may determine what the charge will be based on actual use
estimates, and that charges may be appealed to Council. Although the
Kuemmel's are objecting to the charge, they have not submitted evidence
to support an alternative charge. In the absence of such evidence,
staff finds that the restaurant/delicatessen charge is the most appropriate.
In order to insure the appropriate charge, I would suggest that the
Kuemmel's post funds equivalent to 2.24 EDU's, monitor actual flow of
water usage during the year, and return with evidence supporting a
lower charge. Based on this evidence, the fees could be reduced and
funds returned.
It should be noted that only $2,240.00 of the $6,000.00 discussed in the
Kuemmel's letter relates to sewer fees collected by the City. Charges in
the amount of $3,561.60 are for water fees. Costa Real Water District
charges $1,590.00 per EDU determined by the City. The Water District
has agreed with the monitoring approach.
LLOYTJ B. HUBBS
City Engineer
LBH/pmj
3
13.10.020
or the mobile home for which the move-on permit has been issued
to the sewer system. A sewer permit shall be required for any
structure which is altered, remodeled or expanded where such
alteration, remodeling or expansion results in an increase in
the equivalent- dwelling units of sewage generated from such
structure. At the time of issuance of a valid building permit
or plumbing permit for such alteration, remodeling or expan-
sion, upon application and payment of the required fee, a sewer
permit may be issued by the city engineer, authorizing the con-
nection of the structure, for which the building permit has
been issued to the sewer system. If the structure being al-
tered, remodeled or expanded is already connected to the city
sewer system, and a new connection is not required, the sewer
permit shall authorize the use of the sewer system by the
altered, remodeled or expanded structure.
(b) It is unlawful for any person to connect to or use
the city sewer system without first obtaining a valid sewer
permit which is in full force and effect at the time of such
connection or use. It is unlawful for any person to alter,
remodel or expand the use of a structure without first obtain-
ing a valid building permit or plumbing permit.
(c) Every sewer permit issued pursuant to subsection (a)
of this section shall expire by limitation and become hull and
void if the building permit or plumbing permit for the struc-
ture to which the connection is to be made, or for which the
sewer system will be used, or the move-on permit for the mobile
home to be connected, expires by limitation or otherwise be-
comes null and void. If a permit has expired, then before
the connection for such structure or mobile home can be made,
or the sewer system used, a new sewer permit shall be first
obtained and the fee therefor shall be one-half of the re-
quired fee for the original permit for each equivalent dwell-
ing unit unless one year has passed since the expiration in
which case the fee shall be the same as a new permit.
(d) Permits for the connection of an existing structure
to the sewer system may be issued by the city engineer at any
time upon proper application. Every sewer permit issued pur-
suant to this subsection shall expire by limitation and become
null and void if work on the connection authorized by such
permit is not completed within one hundred twenty days from the
date of issuance of such permit. (Ord. 7060 §l(part), 1980).
13.10.020 Equivalent dwelling units. (a) An equivalent
dwelling unit is a unit of measure for the sewage generated
from particular buildings, structures or uses. One equivalent
dwelling unit is equal to an approximation of the amount of
sewage generated by an average single-family residence.
(b) The city engineer shall be responsible for deter-
mining the number of equivalent dwelling units for various
229 (Carlsbad 11/80)
13.10.020
buildings, structures or uses in accordance with the provisions
of this section. For proposed new construction, he shall re-
view the building plans and ascertain the use of the proposed
structure and then determine the number of equivalent dwelling
units required by an application of the tables in subsection
(c) of this section. For an existing structure and use, he
shall apply subsection (c) to that structure and use. For
the alteration, remodeling or expansion of an existing struc-
ture or use, he shall determine the number of equivalent
dwelling units being used by the existing structure or use
by applying subsection (c) . He shall then determine, in the
same manner as new construction, the number of equivalent
dwelling units required after completion of the alteration,
remodeling or expansion. The equivalent dwelling units in
such cases shall be the amount of the increase in such units,
if any.
(c) The following tables shall be used to determine
equivalent dwelling units:
Equivalent
Type of Building, Structure or Use Dwelling Units
(1) Each space of a trailer court or mobile
home park
(2) Each duplex
(3) Each separate apartment in an apartment
house .
(4) Each housing accommodation designed for
occupancy by a single person or one
family, irrespective of the number
actually occupying such accommodation
(5) Each room of a lodginghouse, boarding-
house, hotel, motel or other multiple
dwelling designed for sleeping accom-
modations for one or more individuals
Without cooking facilities
With cocking facilities
(6) Churches, theaters and auditoriums, per
each unit of seating capacity (a unit
being one hundred fifty persons or any
fraction thereof)
(7) Restaurants:
No seating
Seating
1.00
2.00
1.00
1.00
0.60
1.00
1.33
2.67
2.67 plus
1.00 per each 7
seats or fraction
thereof
230 (Carlsbad 12/81)
13.10.020
Type of Building, Structure or Use
Equivalent
Dwelling Units
(8) Automobile service stations:
Not more than four gasoline pumps
More than four gasoline pumps
(9) Self-service laundries, per each washer
(10) Office space in industrial or commercial
establishments not listed above
(JO ft) warehouses ^ /^ ?&L se>cc
(11) Schools:
Elementary schools
For each sixty pupils or fraction
thereof ^
Junior high schools
For each fifty pupils or fraction
thereof
High schools
For each thirty pupils or fraction
thereof
2.00
3.00
.75
Divide the gross
floor area of the
building in square
feet by 1800
1.00
1.00
1.00
(12) In the case of all commercial, industrial
and business establishments not included
in subdivisions 1 through 10, inclusive,
of this subsection the number of equivalent
dwelling units shall be determined in each
case by the city engineer and shall be
based upon his estimate of the volume and
type of wastewater to be discharged into
the sewer. The provisions of Chapter 13.16
shall apply to all cases under this
subsection and an industrial waste permit
shall be required.. Any such permit, issued
for any use hereunder, shall include a
specific volume of sewage authorized for
such use. If said amount is exceeded,
it shall be grounds for revocation of the
permit.
(d) If the number of equivalent dwelling units, deter-
mined by the application of subsection (c) of this section,
results in a fraction, the fees required by this code for such
fraction shall be in proportion thereto.
(e) The city engineer's determinations under this sec-
tion may be appealed to the city council, whose decision shall
be final.
230-1 (Carlsbad 11/80)
13.10.020
' Equivalent
Type of Building, Structure or Use 'Dwelling Units
Delicatessen or fast food,
using only disposable tableware:
No seating 2.67
Seating 2.67 plus 1.00
per each 21
seats or
fraction
thereof
230a (Carlsbad.12/81)
7
CALIFORNIA ««*
'SITE IT-DON'T SAY 7!
Date 19
To File D Reply Wanted
From KK DlMo Reply Necessary
Re: Appeal to Reduce or Waive Sewer and Water Fees - Palate Pleasers
12/3/87
The appeal (letter) and $25.00 check were dropped off at City Clerk's Office.
Since Bob Wojcik and I had discussed (generally) an appeal the previous day,
I called to inquire if this was the appeal he expected to be filed. He responded
in the affirmative, and I explained that the correct appeal fee had not been
enclosed, and asked him what info he had given Mrs. Kuemmel. Bob checked the letter
that had been sent from The City Eng. and told me it contained a typo and the amount
was incorrectly typed "$25.00". He said he would take care of informing the
appellant of the mistake and the need to furnish the $250.00. He called me
after speaking to Mrs. Kuemmel. A short while later, Mrs. Kuemmel called me.
She was upset regarding the $275 appeal fee, the mistaken info she was given,
and said she could not get down here with the additional money until Friday,
or possibly Monday. She asked ..questions regarding;the setting of items on
AIGNER FORM NO. 55-032 PRINTED IN USA
the agenda, and how long it would take to get an item on the agenda. I explained
the system to her, and explained that the agenda for 12/8 and probably 12/15
were already set.
On Friday, 12/4, I spoke again with Bob Wojcik. He indicated that the City
Engineer had come up with a compromise suggestion for Mrs. Kuemmel and that
he had called her with the suggestion. She was to let him know her decision,
to accept the compromise, or go ahead with the appeal.
12/7/87
I spoke with Bob again today. He has not yet spoke with Mrs. Kuemmel. She has
not called him regarding her decision. I informed him, that if she does
accept the compromise, she must withdraw her appeal in writing, and we will return
here check.
IF WE DON'T HERE BY TUESDAY, I WILL CALL MRS. KUEMMEL MYSELF.
K.
12/8/87
Called Mrs. Kuemmel at 8:20 A.M. and left message. She returned the call
and informed me that they wished to go ahead with the appeal and Mr. Kuemmel
would bring in the appeal fee this morning.
December 2, 1987
Ms. Aletha Rautenkranz
City Clerk
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92009-1915
RE: Request to Appeal to Waive or Reduce Sewer and Water Fees
City of Carlsbad Ordiance Chapter 13.10.020, Section (C)(7)
Dear Ms. Rautenkranz:
We recently wrote Mr. Ray Miller requesting an appeal to waive the
sewer and water fees that are being assessed against our business. A
copy of that letter is enclosed for your information.
Today we received a letter from Mr. Lloyd B. Hubbs, City Engineer, who
advised us that our next step to the appeal would be to write to you
requesting the matter be brought before the City Council. (The Council
members have received a copy of the letter to Mr. Miller.)
Our new business at 5631 Palmer Way, Suite B, is approximately 1,576
square feet. To begin operation, we are being charged nearly $6,000 in
sewer and water fees. This is the same amount that a full-service
restaurant or a school cafeteria is charged. We feel that this charge
is being unfairly and inappropriately assessed against our business, as
our business does not fall within these categories.
We feel the ordinance needs to be reevaluated and fairly adjusted, and
would like the City Council to hear our appeal for waiver or realistic
reduction of these fees as soon as possible.
The $25 appeal fee is enclosed. Thank you for your consideration.
Sincerely,
Patti Kuemmel
Pala*Ee fleasers Palate Pleasers
Encl.
2533 Cornwall Oceanside, California 92054 (619) 433-5736
November 20, 1987
Mr. Ray Miller
Development Processing Service Department
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92009-1915
RE: Appeal to Waive Sewer and Water Fees for Catering Operation
Dear Mr. Miller:
We are presently relocating our catering business from the City of
Oceanside to the City of Carlsbad in an industrial space of approxi-
mately 1,576 square feet.
To customize this space for our business, we are being charged nearly
$6,000 in sewer and water fees. This is the same amount that a full-
service restaurant or a school cafeteria is charged. We feel that this
charge is being unfairly and inappropriately assessed against our busi-
ness, as our business does not fall within these categories.
We feel the ordinance needs to be reevaluated and fairly adjusted, and
would like the City Council to hear our appeal for waiver of these fees
as soon as possible. It is our understanding that we must start the
appeal with your department.
We have a signed lease agreement, but cannot occupy our building until
this matter is resolved. Thank you for your timely consideration.
Sincerely,
Hank Kuemmel Patti Kuemmel
Palate Pleasers Palate Pleasers
copy: Mr. Bud Lewis, Mayor
Ms. Ann J. Kulchin, Mayor Pro Tern
Mr. Raymond R. Patchett, City Manager
Mr. Lloyd B. Hubbs, City Engineer
Mr. Robert J. German, Risk Manager
Mr. Michael Holzmiller, Planning Director
Mr. Chris Salomone, Community Redevelopment Manager
Mr. Marty Orenyak, Community Development Director
Mr. Frank Mannen, Assistant City Manager
Mr. Eric Larson, Council Member
Mr. Mark V. Pettine, Council Member
Mr. John Mamaux, Council Member
2075 LAS PALMAS DRIVE
CARLSBAD, CALIFORNIA 92009-4859
Office of the City Engineer
Olitg iif
RECEIVES.;
:ITY CLERK'S CFHUt
-7 PH !2;38
m"Y OF C/!fitlS3A':
TELEPHONE
'(619)438-1161
December 3, 1987
Ms. Patty Kuemmel
Palate Pleasers
2533 Cornwall
Oceanside, California 92054
APPEAL TO WAIVE SEWER FEES, 5631 PALMER
Dear Ms. Kuemmel:
Please refer to my letter of November 30 on the above subject.
I understand you have submitted an appeal to the City Clerk with
the fee of $25 required, as stated in my letter.
Due to a typographical error, the appeal fee was misstated as $25;
it is, correctly, $275. Would you please, therefore, submit the
additional $250 to the City Clerk promptly?
This confirms my secretary's phone conversation with you of this
morning. We sincerely regret this error and any inconvenience it
may have caused you.
Yours very truly.
LLCOTD B. HUBBS
City/Engineer
LBH/pmj
cc: City Manager
Assistant City Manager
Community Development Director
2075 LAS PALMAS DRIVE
CARLSBAD, CALIFORNIA 92009-4859
Office of the City Engineer
TELEPHONE
(Hitg of (Harlabai
November 30, 1987
Palate Pleasers
2533 Cornwall
Oceanside, California 92054
APPEAL TO WAIVE SEWER FEES, 5631 PALMER
Per City of Carlsbad Ordinance Chapter 13.10.020, Section (C) (7),
a delicatessen usage is determined to be 2.67 equivalent dwelling
unit.
I consider a catering business to be the same usage as a delicatessen/
in that they both involve preparation of food.
It is my understanding that you may wish to appeal this decision.
Your next action would be to fill out an appeal form at the City Clerk's
Office or submit a letter to the City Clerk within ten days of this de-
cision. The letter should state what you are appealing, why you are
appealing and request a hearing with the City Council. An appeal fee
of $25 is required with the application.
If you have any questions, please contact Bob Wojcik at 438-1161.
LLOY/D/B. HUBBS
City 'Engineer
LBH/pmj
cc: City Manager
Assistant City Manager
Community Development Director