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Home My WebLink About1991-01-15; City Council; 10989; SEWER CAPACITY FEE INCREASE AND ESTABLISHMENT OF SEWER BENEFIT AREA FEES-- 1 I. d N I o\ d 0 2 a a, u a a 0 d -u $ b m. 7: &L [A 0 22 zg 00 u ad 3% E& ZZ *A a, u :s s .5 g: UO Ir dd '1 am am dm '\ Ad 2 0 F 0 a .. d 0 2 3 0 0 LI Imur LAHLaUAU - AGENDWILL r AB# /< 987 TITLE: MTG. DEPT. CITY 1 DEPT. CITY I ESTABLISHMENT OF SEWER BENEFIT AREA FEES - 01/15/91 ENG SEWER CAPACITY FEE INCREASE AND t RECOMMENDED ACTION: rJS.137 Introduce Ordinance No. increasing Sewer Capacity Fees and adopt Resc 71- a/ establishing Sewer Benefit Area Fees. ITEM FXPLANATION: On March 14,1989, City Council approved the sale of bonds to finance Carlsbad's s Encina Water Pollution Control Facility Phase IV Expansion Project. The fina obligates Carlsbad to make yearly payments on the principal and interest on the bon Engineering has completed an update to the December 1987 Master Plan of Sewe: examines the impacts of these yearly payments on the City's Sewer Construction : update indicates that a Sewer Capacity Fee of $1,610 is needed to provide revenue for making the yearly payments and constructing improvements to the City's I facilities required at buildout. Revenue from Sewer Capacity Fees may not be utilized to construct collection syste: developments. In most cases, developers are required to build these conveyanc Another study by Wilson Engineering provides recommendations for establishing Sev Area Boundaries and Fees. The fees will be utilized to reimburse developers €or cc the collection facilities necessary for servicing properties within each Benefit Area z by the City's Growth Management Program. Sewer Capacity and Benefit Area Fees will become effective 60 days after ad residential development and 30 days after adoption for commercial or industrial de7 The fees will be adjusted yearly according to the Engineering News Record LC Construction Cost Index. ENVIRONMENTAL IMPACX A Negative Declaration finding that no environmental impact will occur as a res increase in Sewer Capacity Fees and establishment of the Benefit Area Fees has be, required by the California Environmental Quality Act. Any projects to ins1 improvements will require environmental review. FISCAL IMPACT: Revenue from the Sewer Capacity Fee will be utilized on improvements to the Enc Pollution Control Facility, Vista-Carlsbad Interceptor and Home Plant Lift Statio Benefit Area Fee revenue would be utilized to reimburse developers who construct facilities needed in a benefit area or, if necessary, to provide funds for the City to COI facilities. EXHIBIT: 1. Ordinance No. .ds* /37 2. Resolution No. y/* a/ 3. Benefit Area Map 4. Benefit Area Fee Table 5. Capacity Fee Update Report is on file in the City Clerk's Office. 6. Benefit Area Fee is on file in the City Clerk's office. I I! 1 2 3 4! 5 6 7 8 9 10 D aQ, m>- mu8 gpg &Em 0uEm Z>dZ o+sg mGak swmo >m-z w$Y;n has q8y >cz 0064 u '<-I 0 ko 11 12 13 14 15 16 17 18 19 I/ 20 21 22 23 24 25 26 27 28 1 w w ORDINANCE NO. NS-137 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 13, CHAPTER 13.10 OF THE CARLSBAD MUNICIPAL CODE RELATING TO SEWER CAPACITY FEES. WHEREAS, the City has authorized Wilson Enginet consulting engineers, to conduct a study updating its 1987 I Plan of Sewerage; and WHEREAS, that study entitled "City of Carlsbad Ca] Fee Update to the December 1987 Master Plan of Sewerage completed in June 1990 and is incorporated as Exhibit A tc ordinance (hereinafter referred to as the "Wilson Plan") ; a: WHEREAS, that study estimates the capital cos construction of improvements to the Encina Water Pollution C Facility, the Vista/Carlsbad Interceptor and other City c pro j ects : and WHEREAS, fees to implement the construction of improvements in the various areas of benefit set forth : Wilson Plan: and WHEREAS, the fees so established do not excec reasonable costs of constructing these facilities and the fe not levied for general revenue purposes: and WHEREAS, this study was available for public insp and review fourteen (14) days prior to this public hearing: WHEREAS, the Finance Director is directed to estal: fund or funds necessary to collect the fees so imposed maintain said fund or funds and the interest collected them to authorize expenditures for only those projects, bond paymc other construction activities set forth in the Wilson Plan Finance Director is further directed to make a report, at I '1 w W annually, and within 60 days of the close of the fiscal ' 2 determining the beginning and ending balances for the fiscal 3 and the fees, interest and other income and amount of expend fund for five or more years are still necessary and needed fc 11 any portion of the fees remaining unexpended or uncommitted j lo required, the City Council may make written findings that a 9 The Finance Director shall monitor these funds so thai then 15 days after making said information available to the PC 7 available to the public and to report to the City Council not I ' The Finance Director is further directed to make this inforrr 5 shall not be commingled with any other fees or revenue of the 4 on each public facility. The fees deposited in the fund or a 12 Q urn a> mu? gun: s>s mGQg oqq fj2-l. +? >Z$ $Em 0uam ow QQ~Q: l-su u: 0u-I ,->m< wmv ZOO^ ko 0 - 13 14 15 16 17 - 18 purpose to which the fee is to be expended and demonstr reasonable relationship between that fee and the costs o improvements. NOW, THEREFORE, the City Council of the City of Carl California does ordain as follows: SECTION I: That Title 13, Chapter 13.10 of the Cal Municipal Code is amended by the amendment of the first and s 19 20 21 22 23 "The Sewer Capacity Fee shall be adjusted ann1 effective July 1, according to the Engineering News Recor 24 Angeles Construction Cost Index with a base year index of 5 25 EFFECTIVE DATE: This ordinance was adopted at a nc paragraphs of Section 13.10.030 to read as follows: IIExcept as provided, every person who wishes to u: City sewer system and the Encina Treatment Plant shall pay I City, prior to the issuance of a sewer permit, a sewer capaci. of one thousand six hundred ten dollars ($1,610) per equi7 dwelling unit. 26 public hearing at which time the Council also considered the 1 27 Plan which plan and associated information was available 1 28 general public for a period of at least 14 days prior to the : 2. ll w 0 1 hearing. The fee established by this ordinance shall apply t issuance of any building permit, for any residential develc issued 60 days following this ordinance's adoption and fa other types of development 30 days following its adoption. City Clerk shall certify to the adoption of this ordinanc cause it to be published at least once in the Carlsbad Jc within 15 days after its adoption. 2 3 4 5 6 7 8 9 10 11 12 INTRODUCED AND FIRST READ at a regular meeting C Carlsbad City Council on the 15th day of January and thereafter I PASSED AND ADOPTED at a regular meeting of the Council of the City of Carlsbad on the 22nd day of January 0 mu8 um 1991, by the following vote, to wit: u$Em *>- 13 7<QE -u w AYES: Council Members Lewis, Larson, Stanton and Nygaard gg$: 14 Z>jZ OI-5K "QE 15 NOES: None ~luulu ! ABSENT : None glr~6 ZJ 16 ABSTAIN: Council Member Kulchin zoss 60 >2!$ LL ,<-I >ma 'Epy APPROVED AS TO FORM AND LEGALITY 19 VINCENT WgWDOT J%I, City Attorney 20 21 22 23 24 I, ATTEsT: 25 26 j KAREN R. KUNDTZ, =ant City Clerk AmHA LeRAilT Z, City Clerk 27 /I 28 I, u 7 2 3 i I I w w RESOLUTION NO. g1-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ESTABLISHING SEWER BENEFIT AREA BOUNDARIES AND FEES. WHEREAS, the City Council has determined it to be : 4 9 City to construct the improvements if necessary: and 8 within each benefit area if necessary, or to provide funds fc 7 constructing sewer conveyance system improvements for all prc 6 for the purpose of collecting revenue to reimburse develope] !3 public interest to establish Sewer Benefit Area Boundaries anc ' WHEREAS, the Benefit Area Fees for Conveyance : lo 11 Improvement Update to the December, 1987 Master Plan of Se\ dated August 1990 (hereinafter referred to as "Wilson SI - 12 2., mug $E& 5aQg -ow ouum ~oaa +sL1: u 'a1 m>- 5,3 mGQi !$E$ $26 zoss qgy >2q 60 13 14 15 16 17 18 ~ provides recommendations for establishing boundaries and fees on improvements required to meet City of Carlsbad Growth Mana! Standards and serve residential, commercial and industrial constructed by developers, NOW, THEREFORE, BE IT RESOLVED by the City Council City of Carlsbad, California, as follows: 1. That the above recitations are true and correc 19 3. That the Benefit Area Fees shall be ad: 22 adopts Sewer Benefit Area Boundaries and Fees as recommended 20 2. That the City Council of the City of Carlsbad 1 21 i Wilson Study. 23 increased construction costs associated with the improvemen. 27 ~ annually according to this index most accurately reflect 26 of 5,800. The City Council further finds that adjusting tl 25 Record Los Angeles Construction Cost Index with a base year 24 annually, effective July 1, 1991, according to the Engineerin i 28 that by using this index the fees shall not exceed the reasc i i 11 '1 2 3 4 5 6 7 8 ~ Om &E& gang -ow ouum ooaa Z>dZ O+-a za'o oL U: 'a1 +>ma $ZJ a a a- SW? m> wmo 205S qgy 23s 0 9 10 11 12 13 14 15 16 17 18 1 19 i! 20 21 I 22 23 24 25 26 27 ! 28 I w w future construction costs and the fees will not be used for ge revenue purposes. 4. The Benefit Area Fees established by this resol are for the purposes of making annual payments and constrt improvements to the City's waste water facilities required tl buildout in the various areas of benefit as shown on the Wilson Study. These fees are established and imposed for purposes and do not exceed the reasonable cost of providir revenue necessary to make yearly bond payments for the constrl of those improvements listed in the Wilson Plan anc construction of improvements to the sewerage system. Thesc are not levied for general revenue purposes. 5. The Finance Director is directed to establish i or funds necessary to collect the fees so imposed and to ma. said fund or funds and the interest collected therein a authorize expenditures for only those projects, bond paymel other construction activities set forth in the Wilson Plan, Finance Director is further directed to make a report, at annually, and within 60 days of the close of the fiscal determining the beginning and ending balances for the fisca and the fees, interest and other income and amount of expenl on each public facility. The fees deposited in the fund or shall not be commingled with any other fees or revenue of the The Finance Director is further directed to make this infor available to the public and to report to the City Council no then 15 days after making said information available to the p The Finance Director shall monitor these funds so tha required, the City Council may make written findings that 2 0 m 1 2 3 4 5 6 7 8 9 10 11 any portion of the fees remaining unexpended or uncommitted i fund for five or more years are still necessary and needed fo purpose to which the fee is to be expended and demonstr; reasonable relationship between that fee and the costs 0: improvements. 6. This resolution was adopted at a noticed p hearing at which time the Council also considered the Wilson and associated information which was available to the ge public for a period of at least 14 days prior to the F hearing. This fee shall apply to the issuance of any bui permit, for any residential development issued 60 days foll a mu8 4m m>- guq 2zm 0uum -0 w aoaa 0l"U Z>iZ m=>~ u 'ai nu +urn0 >ma $22 urn- YOSS >5gr >.lq 60 12 13 14 15 16 17 18 the date of adoption of-this resolution and for all other tyy: development 30 days following its adoption. Any judicial actj proceeding to attack, review, set aside, void or annul resolution shall be brought within 120 days. 7. This resolution supercedes Resolution No. establishing reimbursement fees for connection to the Batiquitos Sewer Line adopted August 16, 1983. 19 20 21 8. The fees imposed by this resolution shall k effective on the same date the ordinance imposing sewer cay fees (Ordinance No. NS 137 ) becomss effective. 22 23 /// /// /// 24 I /// 25 26 11 /// 27 28 /// /// 3 i 1 2 !J 3 4 5 6 7 81 9 1; 10 11 9., mu? u$E& -@:: 0u;z go<< Ok-58 mGo& $ZJ h&j q8y 5 3 a> >3f LL 'ad wao ,->mu rran >NE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 11 26 27 28 w w PASSED, APPROVED AND ADOPTED at a Regular Meeting City Council of the City of Carlsbad on the 15th day of J2 1991 by the following vote, to wit: AYES: Council Members Lewis, Larson, Stanton and Nygaa NOES : None ABSENT: Council Mem ATTEST : WHAddMUTEfdKRANZ, City Clerk KAREN R. KUNDTZ, Assistant City Clerk 4 " m m -. r BENFFIT FIGURE .. W 0 EXHIBIT ! .. .I e 0 (Form A) ~. TO: CITY CLERK'S OFFICE FROM: ENGINEERING DEPARTMENT RE: PUBLIC HEARING REQUEST Attached are the materials necessary for you to notice an incrc in - for a public hearing before the City Council. Please notice the item for the council meeting of Januarv 15, 19: Thank you. Date .. e 0 .. Carlsbad Journal Decreed A Legal Newspaper by the Superior Court of San Diego County Mail all correspondence regarding public notice advertising to N.C.C.N. Inc. P.O. Box 878, Encinitas, CA 92024 (619) 753-6543 Proof of Publication STATE OF CALIFORNIA, ss. COUNTY OF SAN DIEGO. I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled r I am principal clerk of the printer of the Carlsbad Journal, a newspaper of general circu: published weekly in the City of Carlsbad, County of San Diego, State of California, and which news is published for the dissemination of local news and intelligence of a general character, and newspaper at all times herein mentioned had and still has a bona fide subscription list of t: subscribers, and whichnewspaper has been established, printed and published at regular interval: said City of Carlsbad, County of San Diego, State of California, for a period exceeding one yea preceding the date of publication notice hereinafter referred to; and tl notice of which the annexed is a p . %- ~ ~" NOTICE OF PUBLI HEARING SEWER 2:APACIw FEE INCREASE AND ESTABLISHMENT OF SEWER BENEFIT AREA FEES copy, has been published in each r( NOTICE IS HEREBY GIVEN that and entire issue of said newspaper a; the City Council of the City ofCarls- bad will hold a public hearing at in any supplement thereof on the fc the City Council Chambers, 1200 Carlsbad Village Drive (formerly ing dates, to-wit: Elm Avenue), Carlsbad, California, at6:00P.M..onTuesday,Januaryi5, 1991, to consider the adODtion of an ordinance to increase fewer Con- nectionFees from$1,250 to$l,6lO to provide funds for improvements to the Carlshad Sewer System over the next thirty (30) years. The fee will be adjusted annually aecord- ing to the Engineering News Re- cord Los AngelesConstruction Cost Index (ENR-LA-CCI). The City Council will also consid- er the establishment of Sewer Be- either to construct sewer facilities nefit Area Fees which will be used which can't be funded by Sewer Conhection Fees, or to reimburse developers for constructing such facilities in a Benefit Area. If you have any questions regard- ing this matter, please call the En- gineering Department at 4381161. ity Fee Increase and/or Sewer Be- IfyouchallengetheSewerCapac- nefit Area Fees in court, you may be limited to raising only those issues raised by you or someone else at the public hearing described in this notice, or in written correspond- ence delivered to the City of Carls- bad,CityClerksOfficeatorpriorto the public hearing. Applicant: City ofcarlsbad Proof of Publication 6/90 NDLA a 5713: J~~~~~ 4,1991 CARLSBAD CITY COUNCIL January 4 1' 1' 1' 1' 1' I certify under penalty of perjury th foregoing is true and correct. Execu Carlsbad, County of San Diego, State o' fornia on t,utb day of January, 1991 ' Clerk of the I -. e a .. NOTICE OF PUBLIC HEARING SEWER CAPACITY FEE INCREASE AND ESTABLISHMENT OF SEWER BENEFIT AREA FEES NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hol Elm Avenue), Carlsbad, California, at 6:OO P.M., on Tuesday, January 15, 1991 to consider the adoption of an ordinance to increase Sewer Connection Fees frc $1,250 to $1,610 to provide funds for improvements to the Carlsbad Sewer Systt over the next thirty (30) years. The fee will be adjusted annually according the Engineering News Record Los Angeles Construction Cost Index (ENR-LA-CCI). The City Council will also consider the establishment of Sewer Benefit Area Fc which will be used either to construct sewer facilities which can't be funded Sewer Connection Fees, or to reimburse developers for constructing such facil: in a Benefit Area. If you have any questions regarding this matter, please call the City of Carl: Engineering Department at 438-1161. If you challenge the Sewer Capacity Fee Increase and/or Sewer Benefit Area Fee in court, you may be limited to raising only those issues raised by you or son else at the public hearing described in this notice, or in written corresponde delivered to the City of Carlsbad, City Clerk's Office at or prior to the pub3 hearing. APPLICANT: City of Carlsbad PUBLISH: January 4, 1991 CARLSBAD CITY COUNCIL public hearing at the City Council Chambers, 1200 Carlsbad Village Drive (for .. w W ._ December 21, 1930 TO: DEPUTY CITY CLERK FROM: Senior Management Analyst - Engineering PUBLIC HEARING The City Council will hear an item at its January 15, 1991 meeting which requires public hearinghotice. The item recommends that Council adopt an ordinance increase Sewer Connection Fees from $1,250 to $1,610. The increase is necessa to provide funds for improvements to the Carlsbad Sewer System over the next I years. The fee will be adjusted annually according to the Engineering News Reco Los Angeles Construction Cost Index (ENR-LA-CCI), The Council is also recommended to establish Sewer Benefit Area Fees which will I used to construct sewer facilities which can’t be funded by Sewer Connection Fel or to reimburse developers for constructing such facilities in a Benefit Area. Thank you for your assistance and please feel free to call me if you have a1 questions. -77d FRANK BOENSCH Senior Management Analyst FB:plg