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HomeMy WebLinkAbout1988-01-05; City Council; 9259; Appeal of Engineer's Decision: Sewer WaiverCARLSBAD — AGENDA ^ILL oo 14-1 O 0)enoa.o !-4ft C en •H i-H 0 efl 4-> 4->-H aia 13oS Mo ^ ' I Io•4-1 tna)01 4.) > 3•H a 4J vH cd BaVl CD CD Q) 4-1 CO r-l ^^ CO a) oo s-i a) O ,O n. cy3 oto a)Q a) tj 5P CD CU 5! ex (XX •>a; a c ccd cd H Ocd a0) 01 cd to 4-1 C •H O>a o>o> d*Td *H60^H C•H W 3 WO -HU O OO CO 00 • O< oo AR« 9;? *T9 MTG. 1-5-8R 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