HomeMy WebLinkAbout2010-02-16; City Council; 20120; Adopt Resolution and Introduce Ordinance Incorporating Sewer Benefit Areas A through M and Revising Fees for Areas A B G H I and K10
CITY OF CARLSBAD - AGENDA BILL
AB# 20.120
MTG- 2/16/10
DEPT. ENG.
ADOPT RESOLUTION AND INTRODUCE
ORDINANCE INCORPORATING SEWER BENEFIT
AREAS A THROUGH M AND
REVISING THE FEES FOR
SEWER BENEFIT AREAS A, B, G, H, I, AND K
DEPT. HEAD
CITY ATTY.
CITY MGR.
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RECOMMENDED ACTION:
Adopt Resolution No. 2010-026 approving the Engineer's Report, declaring the City's
intention to revise the fees for Sewer Benefit Areas A, B, G, H, I, and K, and setting the public hearing
to consider adoption of adjusted fee amounts.
Introduce Ordinance No. CS-077 repealing Section 13.10.090 and Amending Section
13.10.080 of the Carlsbad Municipal Code to incorporate Sewer Benefit Areas A through M, and
Revise the Fees for Sewer Benefit Areas A, B, G, H, I, and K.
ITEM EXPLANATION:
The Sewer Benefit Area fee program was initially approved under Resolution No. 91-21 to levy and
collect fees for sewer improvements following a duly noticed hearing by the City Council on
January 15, 1991. The original Engineering Report titled "Benefit Area Fees for Conveyance System
Improvements Update to the December 1987 City of Carlsbad Master Plan of Sewerage," dated
August 1990, established sewer benefit areas A through M. These Sewer Benefit Areas were located
throughout the City of Carlsbad's sewer service area, and were used to collect funds for sewer system
improvements that were not funded by the City's sewer connection fee program, see Exhibit 1.
In September 2002, the fee for Sewer Benefit Areas C, D, E, and F were revised to include the actual
cost for design and construction of trunk sewer pipelines and Cannon Road Lift Station which are
tributary to the South Agua Hedionda Interceptor Sewer, and reflected a reduction in equivalent
dwelling units (EDU's) that occurred since 1991 within sewer benefit areas C, D, E and F. The fee
amount for Sewer Benefit Areas C, D, E, and F was revised by City Council Resolution No. 2002-279
and adopted under Ordinance No. NS-642, and contained in Carlsbad Municipal Code Section
13.10.080.
In January 2004, the fee for Sewer Benefit Area H was adjusted to include the actual cost to design
and construct trunk sewer pipelines and Poinsettia Lift Station, and reflect a reduction in equivalent
dwelling units (EDU's) that occurred since 1991 within Sewer Benefit Area H. The Sewer Benefit Area
H fee amount was revised by City Council Resolution No. 2004-081 which adopted Ordinance No.
NS-699 and contained in Carlsbad Municipal Code Section 13.10.090.
Revisions are now required for Sewer Benefit Areas A, B, G, H, I, and K because of changes made
since they were adopted or updated. This 2009 fee update includes revisions to the alignment of the
remaining trunk sewer pipelines, revisions to the estimate of remaining future equivalent dwelling
units, the elimination of specific trunk sewer reaches, and updated project costs.
To incorporate the revisions, it is necessary to update the August 1990 Engineer's Report and the
January 2004 Engineer's Report to revise the fees in order that sufficient funds are collected to
DEPARTMENT CONTACT: William Plummer 760-602-2768 bill.plummer@carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
D
D
D
D
D
CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER - SEE MINUTES X
Adopted Res 2010-026, Introduced Ord CS-077
Page 2
construct all of the identified sewer facilities, and to refund the entire fee paid by developers in Sewer
Benefit Area I. The associated sewer imiprovement(s) and boundaries are shown on
Exhibits 1 through 6 in the attached Engineer's Report titled Updated Fee Study Report For Sewer
Benefit Areas A, B, G, H, I, AND K, dated November 2009. The sewer improvements and
recommended funding source are summarized in Table 1 below.
TABLE 1
SEWER IMPROVEMENTS AND FUNDING SOURCE ADJUSTMENTS FOR
SEWER BENEFIT AREAS A, B, G, H, I, AND K
Sewer
Benefit Area
A
B
G
H
I
K
Pipeline Reach
VCT1A
VCT1B
VCT1C
NAHT1A
VB2
VBT1A, 1C&1D
VBT1B
VBT1E
VBT1F
VBT1G
Poinsettia Lift Station
VBT2
NBT3A
NBT3B
Sewer Improvements
2,400' of 8-inch pipeline (to be funded by Sewer Replacement Fund only)
1 ,350' of 8-inch pipeline (to be funded by Sewer Replacement Fund only)
3,700' of 8-inch pipeline
5,000' of 10-inch pipeline (partially funded by Sewer Replacement Fund)
Construct manholes and pipeline improvements
1,320' of 12-inch pipeline
1,000' of 10-inch pipeline (funded by Sewer Replacement Fund only)
Funding is being eliminated because developer did not pay prevailing wage
Funding is being eliminated because developer did not pay prevailing wage
12-inch diameter pressure pipe forcemain
3 MGD pumping station
Pipeline reach was eliminated
Pipeline reach was eliminated
Pipeline reach was eliminated
The attached Engineer's Report, dated November 2009, includes Sewer Benefit Area boundary maps
for Sewer Benefit Areas A, B, G, H, I, and K. It also shows the sewer drainage zones, which were
created to serve Local Facilities Management Zones (LFMZ) 2B, 5C, 5E, 5F, 6B, 7A, 7B, 14B, 10A,
10B, 10C, 17A, 17B, 18B, 20A, 20B, 20C, and 25. The revised fee amounts apply to every parcel
within the boundaries of Sewer Benefit Areas A, B, G, H, I and K, defined as all parcels in sewer
drainage zones 2B, 5C, 5E, 5F, 6B, 7A, 7B, 14B, 10A, 10B, 10C, 17A, 17B, 18B, 20A, 20B, and 20C.
The November 2009 Engineer's Report describes the improvements to be funded, provides a detailed
estimate of current cost for the improvements, apportions the costs to the properties within Sewer
Benefit Areas A, B, G, H, I, and K, establishes a schedule of fees to be collected, and adjusts the
boundaries to more accurately reflect areas served by each sewer facility. Table 2 shows the current
fee as of September 1, 2009, and the recommended fee which is determined in the November 2009
Engineer's Report.
TABLE 2
RECOMMENDED SEWER BENEFIT AREA FEE CHANGES
Sewer
Benefit
Area
A
B
G
H
I
K
Total Cost of
Sewer
Improvements
$728,000
$1,346,000
$402,000
$2,978,500
-0-
$3,507,644
Remaining
Amount to
be
Collected
$601,000
$364,137
$96,000
$1,680,482
$0
$841,700
Total Number
of Future
EDU's in the
Sewer
Benefit Area
629
335
160
2,276
570
240
Recommended
Sewer Benefit Area
Fee in the
November 2009
Engineer's Report
$955/EDU
$1,087/EDU
$600/EDU
$873/EDU (a)
$0/EDU
$1,302/EDU(b)
Current Sewer
Benefit Area Fee
as of 09/01/2009
$468/EDU
$824/EDU
$127/EDU
$956/EDU
$478/EDU
$1,981/EDU
(a) Fee based on $738/EDU estimated in 2004 and inflated to September 1, 2009.
(b) Recommended fee also includes EDU contribution from Sewer Benefit Areas "J" and "L".
Page 3
The major property owners/developers within the affected boundaries of Sewer Benefit Areas A, B,
and H were notified and presented a draft of the November 2009 Engineer's Report to obtain their
comments.
Developments in Sewer Benefit Areas A, B, and H include "Quarry Creek", "Robertson Ranch",
Villages of La Costa (The Greens), and Bressi Ranch. The original owners of land within Bressi
Ranch, and Rancho Carrillo developments were not contacted regarding the findings in the November
2009 Engineer's Report. Total refunds are recommended to be made to property owners who paid
Sewer Benefit Area "I" Fees and those property owners also were not contacted regarding the findings
in the November 2009 Engineer's Report.
It is anticipated that one future reimbursement agreement will be prepared, which will be for the
developer of the "Quarry Creek" project to construct gravity flow sewer pipeline reach VCT1C within
Sewer Benefit Area A. However, if the "Quarry Creek" project is not developed, then pipeline reach
VCT1C will need to be funded using the City's sewer replacement fund plus any fees already paid to
Sewer Benefit Area A.
Table 3 shows the sewer benefit areas where no fee changes are proposed.
TABLE 3
SEWER BENEFIT AREAS WITH NO FEE CHANGES
Sewer
Benefit Area
C
D
E
F
J
L
M
Current Sewer
EJenefit Area Fee
as of 09/01/09
$2,003/EDU
$2,007/EDU
$2,960/EDU
$2,976/EDU
$1,647/EDU
$1,302/EDU
$64/EDU
Existing residences, and commercial and industrial buildings located within the Sewer Benefit Areas
shown in Table 2 and Table 3 are excluded from the payment of the Sewer Benefit Area fee. If the
cost of the improvements constructed by a owner/developer exceeds the fee obligation for the
development for which the improvements were constructed, the owner/developer is eligible for a
reimbursement of the difference from the proceeds of the Sewer Benefit Area fee program. Such
reimbursement will occur in accordance with established City policy at the time the reimbursement is
requested.
The fees in Table 2 and Table 3 may be adjusted in the future based on changes in development,
such as density changes resulting from a general plan amendment or an unexpected increase in
construction costs. Adjustments of this latter type will require approval by a two-thirds vote of the City
Council at a duly noticed public meeting, and adoption of a new ordinance.
The updated fee program must be approved by a two-thirds vote of the City Council at a duly noticed
public meeting at which oral or written presentations can be made. At least 14 days prior to the
meeting, scheduled for March 9, 2010, staff will mail written notice of the time and place of the
meeting to property owners. The notice will include a general explanation of the matter to be
considered to any interested party who files a written request with the City for mailed notice of the
meeting on new or increased fees or service charges. In addition, data indicating the cost, or
estimated cost, required to provide the service for which the proposed fees are levied and the revenue
sources anticipated to provide the service, including General Fund revenues, which is contained in the
attached 2009 Engineer's Report, shall be available at the office of the City Clerk consistent with
Page 4
Health and Safety Code Section 5471 and Government Code Sections 66013 and 66016.
The proposed fee updates are exempt from the voter approval requirements of Article XIIID Section
6(c) of the California Constitution (Proposition 218, see Richmond v. Shasta Community Services
District (2004) 32 Cal 4th 409). With the City Council's two-thirds vote of approval, the modification of
the fees for Sewer Benefit Areas A, B, G, H, I, and K will become effective 30 days after adoption of
the subject Ordinance.
ENVIRONMENTAL IMPACT:
Adjusting the Sewer Benefit Area fee program for Sewer Benefit Areas A, B, G, H, I, and K is exempt
from California Environmental Quality Act (CEQA) review per CEQA Section 15273(a) (4) - Rates,
Tolls, Fares, and Charges. According to the cited section, CEQA does not apply to modification of
rates or other charges by public agencies which the public agencies finds are for the purpose of
"obtaining funds for capital projects, necessary to maintain service within existing service areas," to
claiming an exemption per Section 15273(a) (4). The Planning Director has determined that adjusting
the Sewer Benefit Area fee program is exempt from CEQA based on the following findings:
1. All pipelines, whether existing or proposed, are capital projects and are shown in the current
Sewer Master Plan Update adopted in 2003. Further, the pipelines were considered in the
Program Environmental Impact Report certified for the Sewer Master Plan Update.
2. Fee program modifications are necessary to (1) maintain service within existing service areas
through construction of sewer lines and system upgrades and maintenance, and (2) reflect
adjustments to the fee program based on, among other things, completed land development
that has reduced anticipated development densities and sewer capacities previously
anticipated to be inadequate that instead have been determined sufficient, thereby eliminating
the need to construct some sewer facilities.
Furthermore, additional projects that are proposed within reach VCT1C (within future Quarry Creek) in
Sewer Benefit Area A, and VB2 (manhole and sewer pipeline improvements) in Sewer Benefit Area G
will go through future environmental review. In addition, reach NAHT1A (referred to as Tamarack
Sewer) is currently being constructed as an emergency project and is statutorily exempt from CEQA
pursuant to CEQA Guidelines Section 15269.
FISCAL IMPACT:
The cost of the sewer improvements includes right-of-way acquisition costs, engineering, contract
administration, construction engineering, construction inspection, mitigation measures, and
construction costs. No new projects or revisions to the scope of the projects were made in developing
the updated project cost for these Sewer Benefit Areas except for the deletion of trunk sewers in
Sewer Benefit Areas A, G, I and K as described in the Updated Fee Study Report For Sewer Benefit
Areas A, B, G, H, I, AND K, dated November 2009. Following is a summary of each Sewer Benefit
Area.
Sewer Benefit Area A will generate that portion of the revenue allocable to the undeveloped properties
within Sewer Benefit Area A, which are needed to construct the sewer pipeline reach VBT1C
described in the November 2009 Engineer's Report. The remaining undeveloped area is exclusively
within LFMZ 25 and includes only the future "Quarry Creek" land development project. The total cost
of the pipeline reach is estimated at $728,000. Fees paid to date total $127,000; therefore, the
remaining cost for future development is $601,000. A total of 629 EDU's is estimated for future
development, which includes the December 22, 2009, Council approved Housing Element changes
that would allow 500 residential units in the reclamation parcel and 129 EDU's in the panhandle parcel
of "Quarry Creek" land development project. The fee amount is calculated at $955/EDU.
Page 5
Sewer Benefit Area B will generate that portion of the revenue allocable to the undeveloped properties
within Sewer Benefit Area B, which are needed to construct the proportionate cost share of sewer
pipeline reach NAHT1A described in the Updated Fee Study Report. The remaining undeveloped area
includes LFMZ 14B which is a portion of the future "Robertson Ranch West Village" land development
project only. The total cost of the pipeline reach is $1,346,000 based on actual bid amount. The
proportionate cost share attributable to future development is $482,137. The total amount in fees
collected to date is $118,000; and therefore, the remaining cost for future development is $364,137. A
total of 335 EDU's is estimated for future development, and the fee amount is calculated at
$1,087/EDU.
Sewer Benefit Area G was established to provide additional conveyance capacity to a specific reach
of the Buena Interceptor Sewer, which is owned and maintained by the City of Vista. Carlsbad has an
agreement with Vista that provides Carlsbad wastewater conveyance capacity in Vista's
Buena Interceptor Sewer with the understanding that when the flow depth reached 75% of the pipe's
diameter, then Carlsbad would jointly share in construction of a 21-inch diameter trunk sewer
installed parallel to the Buena Interceptor Sewer. The parallel sewer is referred to as Reach VB2, and
Carlsbad's share was estimated at $135,000 to be funded by Sewer Benefit Area G.
More recently, wastewater flow measurements tributary to the City of Vista now show their flows
exceeding the normal design capacity of the Buena Interceptor Sewer within the limits of Reach VB2.
In 2009, Vista decided to construct their own parallel sewer to convey only their wastewater flow, and
they recently completed preparation of plans and specifications for their parallel trunk sewer. Vista is
scheduling to construct their parallel trunk sewer in 2010.
A study titled "Capacity and Alternatives Analysis for the Buena Interceptor Sewer, dated October
2006, showed that there is sufficient capacity within the limits of Reach VB2 of the Buena Interceptor
Sewer for Carlsbad's tributary wastewater flow provided the City of Vista conveys all of their
wastewater in their own parallel trunk sewer. With Vista's decision to parallel reach VB2, Carlsbad
is now able to acquire, through a future agreement, that portion of the existing Buena Interceptor
Sewer which is located parallel to Vista's proposed trunk sewer. Therefore, the improvements planned
in 1991 by Carlsbad for reach VB2 have been revised to construct new manholes and various sewer
improvements with an estimated cost of $402,000. The amount of Sewer Benefit Area G fees
collected to date is $306,000. Therefore, the cost for future development is $96,000. A total of 160
EDU's is estimated for future development, and the revised fee amount is calculated at $600/EDU.
Sewer Benefit Area H will generate that portion of the revenue allocable to the 2004 estimate of
undeveloped properties within Sewer Benefit Area H, which were needed to reimburse one developer
for the oversizing cost of constructing the sewer facilities described in the 2009 Updated Fee Study
Report. The total cost of the sewer facilities is $2,978,500. All of the pipeline reaches have been
constructed. The major change in Sewer Benefit Area H is the elimination of pipeline reaches VBT1E
and VBT1F for reimbursement funding, which was requested by the developer, Morrow Development
Company, in a letter dated March 10, 2006. Morrow Development Company indicated that they did not
pay prevailing wages in constructing these two pipeline reaches as required to receive reimbursement
from the City. The adjusted fee amount is based on the total cost of improvements in the amount of
$2,978,500. This cost is then reduced to $1,680,482 reflecting the cost share tributary to Bressi Ranch
and Villages of La Costa and divided by 2,276 EDU's as estimated in 2004, and then inflated to year
2009 resulting in the amount of $873/EDU.
Sewer Benefit Area I no longer requires the construction of sewer pipeline reach VBT2 because
grading for land development projects in the area changed the service area boundary, and significant
reductions in density eliminated the need to construct trunk sewer pipeline reach VBT2. Therefore, the
Sewer Benefit Area I fee will be reduced to zero and refunds will be made to those property
Page 6
owners/developers which have previously paid this fee. The total amount to be refunded is
approximately $67,130 which was paid by four developers.
Sewer Benefit Area K was based on funding the proportionate share of the trunk sewer constructed by
Sewer Benefit Area L, plus construction of sewer pipeline reaches NBT3A and NBT3B. Because an
existing sewer pipeline to Sewer Benefit Area K had sufficient capacity to convey tributary wastewater
flows from Sewer Benefit Area K to the receiving trunk sewer in Sewer Benefit Area L, pipeline
reaches NBT3A and NBT3B were determined not to be required. The project funded by Sewer Benefit
Area K became the same as the project funded by Sewer Benefit Area L, and the fee amount for
Sewer Benefit Area K has been revised to match Sewer Benefit Area L which is $1,302/EDU.
OPTION
The City Council may decide not to revise the sewer benefit area fees as noted above, or may make
other revisions. However, in some sewer benefit areas insufficient funds would then be collected to
pay for reimbursement agreements to owners/developers that constructed the identified improvements
or the City will not be fully reimbursed for construction of specific sewer improvements which the City
constructed on behalf of other owner/developers.
EXHIBITS:
1. Map of Sewer Benefit Areas A through M.
2. Adopt Resolution No. 2010-026 approving the Engineer's Report, declaring the City's
intention to revise the fees for Sewer Benefit Areas A, B, G, H, I, and K, and setting the public
hearing to consider adoption of adjusted fee amounts.
3. Introduce Ordinance No. cs.n77 repealing Section 13.10.090 and Amending Section
13.10.080 of the Carlsbad Municipal Code to incorporate Sewer Benefit Areas A through M,
and Revise the Fees for Sewer Benefit Areas A, B, G, H, I, and K.
4. Engineer's Report entitled, "City of Carlsbad Updated Fee Study Report for Sewer Benefit
Areas A, B, G, H, I and K", dated November 2009.
FIGURE I
BENEFIT FEE AREAS
1
RESOLUTION NO. 2010-026
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, APPROVING THE ENGINEER'S
REPORT, DECLARING THE CITY'S INTENTION TO REVISE
4 THE FEES FOR SEWER BENEFIT AREAS A, B, G, H, I, AND
K, AND SETTING THE PUBLIC HEARING TO CONSIDER
5 ADOPTION OF ADJUSTED FEE AMOUNTS.
6
WHEREAS, the City Council initially imposed Sewer Benefit Area Fees by Resolution
7
No. 91-21 in January 1991; and
8
WHEREAS, the City Council updated the fee amount for Sewer Benefit Areas C, D, E,
9
and F by Ordinance No. NS-642 on September 17, 2009, and included the updated fee
10
amounts to Title 13 of the Carlsbad Municipal Code by adding Chapter 13.10.080; and
WHEREAS, the City Council updated the fee amount for Sewer Benefit Area H by
Ordinance No. NS-699 on April 6, 2004, and included the updated fee amount to Title 13 of the
Carlsbad Municipal Code by adding Chapter 13.10.090; and14
WHEREAS, the City Council of the City of Carlsbad, California, is considering the update
and adjustment of the fees authorized to be levied and collected within Sewer Benefit Areas A,16
B, G, H, I, and K; and
WHEREAS, the City Council may update and modify the fees for Sewer Benefit Areas A,lo
1Q B, G, H, I, and K by a two-thirds approval of an ordinance consistent with Health and Safety
Code Section 5471 and Government Code Sections 66013 and 66016; and
WHEREAS, any increase in the Sewer Benefit Areas A, B, G, H, I, and K fees which
22 rnay result from the update and adjustment of the existing fees are exempt from the voter
approval requirements of Article XIIID Section 6(c) of the California Constitution (Proposition
24 218, see Richmond v. Shasta Community Services District (2004) 32 Cal 4th 409); and
WHEREAS, at this time there has also been submitted a Report of the Engineer entitled
"Updated Fee Study Report for Sewer Benefit Areas A, B, G, H, I, and K", dated November
27
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1 2009, hereinafter referred to as "2009 Engineer's Report", said Report generally setting forth the
2 following:
3 A. Boundary map of area of benefit;
4 B. Description of proposed public improvements;
5 C. Updated estimate of cost for said improvements;
6 D. Method and apportionment for distribution of costs based upon benefits received
7 from the proposed public improvements; and
8 WHEREAS, at this time the City Council of the City of Carlsbad, California, is now ready
9 to approve the 2009 Engineer's Report as submitted by the Engineer and to consider the
proposed update and modification of the Sewer Benefit Areas A, B, G, H, I, and K fees.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
12 CARLSBAD, CALIFORNIA, AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
14 SECTION 2. That Resolution 91-21 is hereby repealed.
SECTIONS. That this City Council does hereby declare its intention to proceed to
authorize the update and modification of the fees authorized to be levied and collected within
Sewer Benefit Areas A, B, G, H, I, and K by adopting Ordinance No. CS-077 for the
18 purpose of financing the costs and expenses relating to certain public improvements in Sewer
1Q Benefit Areas A, B, G, H, I, and K. A general description of the improvements to be funded is as
20 follows:
oi This fee update is only applicable to Sewer Benefit Areas A, B, G, H, I, and K. The sewer
09 facilities include the construction of trunk sewers consisting of numerous pipeline reaches and
23 the Poinsettia Lift Station. For Sewer Benefit Area A, the pipeline reach includes an 8-inch
24 diameter pipeline from Simsbury Lift Station to a point approximately 5,500 feet northeast
25
referred to as reach VCT1C. For Sewer Benefit Area B the pipeline reach includes a 10-inch
r\r*
diameter gravity flow pipeline approximately 5,000-feet in length referred to as reach NAHT1A.
27 For Sewer Benefit Area "G" the work includes constructing manholes and miscellaneous sewer
28
1
1 improvements on pipeline reach VB2. For Sewer Benefit Area H, the pipeline reaches include a
2 12-inch diameter gravity flow pipeline in Poinsettia Lane from Alicante Road to a point 1,320 feet
3 east referred to as reaches VBT1A, VBT1C, and VBT1D, a 12-inch diameter forcemain from
4 Poinsettia Lift Station to El Camino Real referred to as reach VBT1G and Poinsettia Lift Station.
5 For Sewer Benefit Area I, the pipelines reach VB2 will not be constructed. For sewer Benefit
6 Area K the trunk sewer pipeline reaches NBT3A and NBT3B will not be constructed.
7 The improvements listed above also include costs for right-of-way acquisition, engineering,
8 contract administration, construction engineering, construction inspection, and mitigation
9 measures.
10 REPORT
SECTION 4. The Report, titled City of Carlsbad, Updated Fee Study Report for Sewer
12 Benefit Areas A, B, G, H, I, and K dated November 2009, as submitted by the Engineer, is
hereby approved and adopted by this City Council and shall be kept on file in the Office of the
City Clerk and remain open for public inspection.
15 MAP
16 SECTION 5. That a map of the Sewer Benefit Areas A, B, G, H, I, and K showing the
boundaries and area of benefit to be charged to for the improvements designated as "SEWER
18 BENEFIT AREAS A, B, G, H, I, and K" is included as Figures 1 through 6 to the Report, and the
1Q same is hereby approved and adopted.
20 COST ESTIMATE
21 SECTION 6. The cost estimate, as set forth in the Report of the Engineer, reflects the
22 total updated estimated costs for the improvements, and the method of fee allocation represents
23 a fair method of allocation of the costs to the area of benefit. The updated estimated cost of the
24 improvements is $3,257,000.
25 COST ALLOCATION
SECTION 7. The above fees, as set forth in the Report of the Engineer, shall be
27 applicable to all property within Sewer Benefit Areas A, B, G, H, I, and K except for parcels with
28
1 existing building permits, which are exempt from the fee; said fees shall be payable as a
2 condition of issuing a building permit for the property and portions of the property to be
3 developed. The Benefit Area Fees shall be adjusted annually, effective September 1, according
4 to the change to the Engineering News Record Los Angeles Construction Cost Index (Index)
5 with a base year index as of September 1, 2010. The City Council further finds that adjusting the
6 fee annually according to this Index most accurately reflects the increased construction costs
7 associated with the improvements and that by using this Index the fees shall not exceed the
8 reasonable future construction costs and the fees will not be used for general revenue
9 purposes.
10 SECTION 8. For any and all information relating to these proceedings, your attention is
11 directed to the below designated person:
12
WILLIAM E. PLUMMER
13 DEPUTY CITY ENGINEER
CITY OF CARLSBAD
14 1635 FARADAY AVENUE
CARLSBAD, CA 92008
& TELEPHONE: (760) 602-2768.
1R At least fourteen (14) days prior to the public meeting to consider approval of the
increase in fees for Sewer Benefit Areas A, B, G, H, and I, staff will mail written notice of the time
18 and place of the public meeting, including a general explanation of the matter to be considered
19 to any interested party who files a written request with the City for mailed notice of the meeting
20 .on increased fees.
21 SECTION 9. The public hearing to consider adoption of the Sewer Benefit Areas A, B,
22 G, H, I and K fee increase shall be held on March 9, 2010 at the Council Chambers of the City of
23 Carlsbad.
24 SECTION 10. This action approving the Engineer's Report, declaring the City's intention
25
to revise the fees for Sewer Benefit Areas A, B, G, H, I, and K, and setting the public hearing to
26
consider adoption of adjusted fee amounts is exempt from the California Environmental Quality
27
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1 Act (CEQA) pursuant to CEQA Guidelines Section 15273(a) (4) and based on the following
2 findings required by CEQA Guidelines Section 15273(c):
3 1. All pipelines, whether existing or proposed, are capital projects and are shown in the
4 current Sewer Master Plan Update adopted in 2003. Further, the pipelines were
5 considered in the Program Environmental Impact Report certified for the Sewer Master
6 Plan Update.
2. Fee program modifications are necessary to (1) maintain service within existing service
areas through construction of sewer lines and system upgrades and maintenance, and
(2) reflect adjustments to the fee program based on, among other things, completed land
development that has reduced anticipated development densities and sewer capacities
11 previously anticipated to be inadequate that instead have been determined sufficient,
1")thereby eliminating the need to construct some sewer facilities.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 16th day of February, 2010, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard, Blackburn
NOES: None
ABSENT: None
ATTEST:
LORRAINE Mr-WQ0D, Gtfy Clerk
Karen R. Kundtz, Assistant City Clerk
(SEAL)
1 ORDINANCE NO. CS-077
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
2 CARLSBAD, CALIFORNIA, REPEALING SECTION 13.10.090,
AND AMENDING SECTION 13.10.080 OF THE CARLSBAD
3 MUNICIPAL CODE TO INCORPORATE SEWER BENEFIT
AREAS A THROUGH M, AND REVISE THE FEES FOR SEWER
4 BENEFIT AREAS A. B. G. H. I. AND K.
5
Whereas, the City prepared a study entitled "Updated Fee Study Report for Sewer Benefit
6
Areas "A, B, G, H, I, and K", dated November 2009, which updated the Sewer Benefit Area Fees
7
for Sewer Benefit Areas " A, B, G, H, I, and K", the "Engineer's Report"; and
8
Whereas, the Engineer's Report is incorporated as Exhibit "A" to this ordinance; and
9
Whereas, the Engineer's Report estimates the capital costs of construction of sewer
10
facility improvements; and
11
Whereas, fees to implement the construction of those improvements in Sewer Benefit
12
Areas "A, B, G, H, I, and K", are set forth in the Engineer's Report; and
13
Whereas, the fees so established do not exceed the reasonable costs of constructing14
these facilities and the fees are not levied for general revenue purposes; and
I 0
Whereas, the Engineer's Report was available for public inspection and review fourteen16
(14) days prior to this public meeting; and
Whereas, the Finance Director is directed to establish a fund or funds necessary to collect18
the fees so imposed and to maintain said fund or funds and the interest collected therein and toi y
authorize expenditures for only those projects, bond payments or other construction activities set
forth in the Engineer's Report. The Finance Director is further directed to make a report, at least
„„ annually, and within sixty (60) days of the close of the fiscal year, determining the beginning and
23 ending balances for the fiscal year and the fees, interest and other income and amount of
24 expenditure on each public facility. The fees deposited in the fund or funds shall not be
25 commingled with any other fees or revenue of the City. The Finance Director is further directed to
2Q make this information available to the public and to report to the City Council not less than fifteen
27 (15) days after making said information available to the public. The Finance Director shall monitor
28
hese funds so that, if required, the City Council may make written findings that all or any portion
)f the fees remaining unexpended or uncommitted in the fund for five or more years are still
recessary and needed for the purpose to which the fee is to be expended and demonstrate a
easonable relationship between that fee and the cost of the improvements.
Now, therefore, the City Council of the City of Carlsbad, California, does ordain as follows:
Section I: Chapter 13.10.090 to Title 13 of the Carlsbad Municipal Code is hereby
.epealed.
Section II: Chapter 13.10.080 to Title 13 of the Carlsbad Municipal Code is hereby revised
o read as follows:
"Section 13.10.080
Sewer Benefit Area Fees A Through M
"Except as provided, every person who wishes to use the City's sewer facilities in Sewer
Benefit Areas A through M, shall pay to the City, prior to the issuance of a building permit, a
Sewer Benefit Area fee of nine hundred fifty five dollars ($955) per equivalent dwelling unit for
Sewer Benefit Area A; one thousand eighty seven dollars ($1,087) per equivalent dwelling unit
for Sewer Benefit Area B; two thousand three dollars ($2,003) per equivalent dwelling unit in
Sewer Benefit Area C; two thousand seven dollars ($2,007) per equivalent dwelling unit in Sewer
Benefit Area D; two thousand nine hundred sixty dollar ($2,960) per equivalent dwelling unit in
Sewer Benefit Area E; two thousand nine hundred seventy six dollars ($2,976) per equivalent
dwelling unit in Sewer Benefit Area F; six hundred dollars ($600) per equivalent dwelling unit for
Sewer Benefit Area G; eight hundred seventy three dollars ($873) per equivalent dwelling unit for
Sewer Benefit Area H; no fee per equivalent dwelling unit for Sewer Benefit Area "I"; one
thousand six hundred forty seven dollars ($1,647) per equivalent dwelling unit in Sewer Benefit
Area J; one thousand three hundred and two dollars ($1,302) per equivalent dwelling unit for
Sewer Benefit Area K; one thousand three hundred and two dollars ($1,302) per equivalent
dwelling unit for Sewer Benefit Area L; and sixty four dollars ($64) per equivalent dwelling unit for
Sewer Benefit Area M. The adjusted fee established by this section shall apply to building permits
issued thirty (30) days following adoption of this ordinance for residential developments, and
:ommercial and industrial buildings only in Sewer Benefit Areas A, B, G, H, I, and K All
wnaining sewer benefit area fees remain unchanged.
The Finance Director is authorized to refund the entire amount collected for Sewer Benefit
4rea I to all property ownersldevelopers that paid the Sewer Benefit Area I fee.
The Sewer Benefit Area fees shall be adjusted annually effective September 1, by the
annual change to the Engineering News Record Los Angeles Construction Cost Index with a
lase year index of April 1,2010.
The fee adjustment for the July 1, 2009 to June 30, 2010 fiscal year shall be held in
abeyance for a period of one year. Thereafter the fee shall return to the amount it would have
)een had there been no suspension unless prior to that time the City Council adopts an
lrdinance specifying a different fee or formula."
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the
2ity Clerk shall certify the adoption of this ordinance and cause it to be published at least once in
1 newspaper of general circulation in the City of Carlsbad within 15 days after its adoption.
,I/
'i1
'/I
'11
'11
'11
(11
(11
(11
111
111
Ill
1 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on
2 the i6th day of February 2010, and thereafter.
3 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
4 City of Carlsbad on the day of , 2010, by the
5 following vote, to wit:
6 AYES:
7 NOES:
8 ABSENT:
9
10 n
CLAUDE A. LEWIS, Mayor
11
12 ATTEST:
13
14
16
17
18
19
20
21
22
23
24
25
26
27
28
LORRAINE M. WOOD, City Clerk
15 (SEAL)
UPDATED FEE STUDY
REPORT
FOR
SEWER BENEFIT AREAS
A, B, G, H, I, AND K
November 2009
CITY OF CARLSBAD
Prepared by William Plummer
TABLE OF CONTENTS
Page No. Description
2 PURPOSE
2 PROCESS
3 BOUNDARIES OF SEWER BENEFIT AREAS A, B, G, H, I, and K
3 BACKGROUND
3 General
4 Sewer Benefit Area A
6 Sewer Benefit Area B
7 Sewer Benefit Area G
8 Sewer Benefit Area H
11 Sewer Benefit Area I ,
12 Sewer Benefit Area K
13 APPENDICES
CITY OF CARLSBAD
UPDATED FEE STUDY REPORT FOR
SEWER BENEFIT AREAS A, B, G, H, I, AND K
PURPOSE
The Sewer Benefit Area Fee program was approved under Resolution No. 90-21 to
levy and collect fees by the City Council on January 15, 1991. The original
Engineering Report was titled:
"Benefit Area Fees for Conveyance System Improvements Update to
December 1987 City of Carlsbad Master Plan of Sewerage", dated August
1990, prepared by Wilson Engineering Consulting Engineers (1990 Fee
Study Report)
The 1990 Fee Study Report established benefit areas A through M. These Sewer
Benefit Areas were located throughout the City of Carlsbad and were used to
collect funds for sewer system improvements which were not funded under the
City's sewer connection fee program.
A subsequent update report was approved by City Council specifically for Sewer
Benefit Area "H" which was titled "Updated Fee Study Report for Sewer Benefit
Area H, January 2004". This report revised the sewer benefit area fee to account
for changes in project costs and equivalent dwelling units (EDU's) within Sewer
Benefit Area H.
Revisions to the two reports listed above are now required to account for several
changes including:
• Updated information on the proposed sewer facilities specified to be funded
through the sewer benefit area fee program.
• Adjustments to the precise boundary of sewer benefit areas A, B, I and K.
• Deletion of the cost of constructing trunk sewer reaches VBT1E, VBT1F,
VBT2, NBT3A and NBT3B.
PROCESS
Since January 15, 1991 property owners of land developed within sewer benefit
areas A, B, G, H, I, and K have paid sewer benefit area fees. This updated fee
study report reflects updated construction costs for the remaining trunk sewer
facilities and revisions to the number of EDU connections within sewer benefit
areas A, B, G, H, I, and K. The revised fees will be collected upon the issuance of
all future building permits within these sewer benefit areas.
Some land development projects were conditioned to construct a portion of the
trunk sewer facilities prior to or concurrent with the issuance of building permits for
development. Where such construction is required, reimbursement is given for
actual costs incurred subject to limits as further defined in this report.
BOUNDARIES OF SEWER BENEFIT AREAS A, B, G, H, I, and K
The sewer benefit areas A, B, G, H, I, and K are divided into sewer drainage
zones. These were created as part of the City's Local Facilities Management Zone
(LFMZ). Each sewer drainage zone is basically consistent with its LFMZ. This
report has revised the boundaries of sewer drainage zones 2B, 7A, 14B, 20A, 20B,
and 20C to coincide with adjustments made in site grading and changes in the final
location of collector sewers providing service to each parcel of land.
The Sewer Benefit Areas include even/ parcel within its boundaries, and fall within
drainage zones 2B, 5C, 5E, 5F, 51, 6B, 7A, 7B, 14B, 10A, 10B, 10C, 17A, 17B,
18B, 20A, 20B.20C, and 25.
Appendix A includes Figures 1 through 6, which are maps of the boundaries of
Sewer Benefit Areas A, B, G, H, I, and K. These maps also show the sewer
facilities that were constructed or proposed to be constructed using sewer benefit
area fees.
BACKGROUND
General - Table 1 shows the number of existing and future EDU's in each sewer
benefit area, the associated sewer drainage zones, and the projected wastewater
flow from each drainage zone. This information is used to establish the
proportionate share of each sewer benefit area in each benefiting trunk sewer
pipeline or facility.
TABLE 1
TOTAL EQUIVALENT DWELLING UNITS AND
WASTEWATER FLOW PROJECTION PER SEWER BENEFIT AREA
SEWER
BENEFIT
AREA
A
Total
B
Total
G
Total
SEWER
DRAINAGE
ZONE
2B
7A
25
7B
14B
5C
5E
5F
51
EQUIVALENT DWELLING UNITS (EDU's)
EXISTING
221
805
0
1026
631
0
631
(d)
FUTURE
0
0
629
629
0
335
335
20
20
20
100
160
TOTAL
221
805
629
1655
631
335
966
(d)
PROJECTED DRY
WEATHER FLOW (mgd)
AVG. (a)
0.049
0.177
0.138
0.364
0.139
0.074
0.213
0.080
0.085
0.020
0.201
0.386 (d)
PEAK (b)
0.125
0.432
0.340
0.859
0.343
0.187
0.51 5 (c)
0.202
0.214
0.054
0.487
0.909 (d)
H
Total
1
Total
K
6B
10A
10B
10C
17A
17B
18B
20A
20B
20C
111
185
141
157
1061
732
1,758
4,145
118
452
570
240
0
0
0
0
0
0
0
0
0
0
0
0
111
185
141
157
1061
732
1,758
4,145
118
452
570
240
0.024
0.041
0.031
0.035
0.233
0.161
0.387
0.912
0.026
0.099
0.125
0.052
0.064
0.107
0.082
0.092
0.561
0.394
0.911
2.061
0.069
0.248
0.310
0.136
(a) Average flow = Total EDU's x 220 gpd/EDU.
(b) Peak dry weather flow = Average flow x peaking factor.
The peaking factor, y = -0.1086 (Ln(x)) + 2.2502; where x = average flow rate (mgd)
(c) The estimated peak flow for Sewer [Benefit Area B is 0.515 mgd as shown in Table 1.
However, the design flow rate is 0.96 mgd which includes the diversion of wastewater from
the Simsbury and Villas sewage lift stations.
(d) The projected dry weather flow in Sewer Benefit Area G was obtained from the 2003 Sewer
Master Plan, and the total numbers of existing EDU's are not shown.
Sewer Benefit Area A
In the 1990 Fee Study Report, Sewer Benefit Area "A" was to provide sewer
service to LFMZ 2B, 7A, and 25 through future proposed trunk sewer reaches
VCT1A, VCT1B, and VCT1C (see Appendix A, Figure 1). The three trunk sewers
included the improvements summarized in Table 2.
TABLE 2
1990 Sewer Fee Study Report for Benefit Area "A'
Reach
VCT1A
VCT1B
VCT1C
TOTAL
Pipe Size
8 -inches
8 -inches
10 - inches
—
Pipe Length
1 ,500 - feet
1 ,000 - feet
3,000 - feet
5,500 - feet
Total Cost
$103,000
$70,000
$237,000
$410,000
Area "A" includes residential development and Hope Elementary School. Land
development projects in LFMZ 2B and 7A are at build-out; therefore, future sewer
connections will occur only in LFMZ 25 when the proposed "Quarry Creek" project
is developed. Only the cost for reach VCT1C will be included in this update of the
sewer benefit area "A" fee calculation. Exhibits prepared in 2008 by McMillin
Company for the "Quarry Creek" project show residential or mixed use residential
in Zone 25 of 629 EDU's (see Appendix B). This includes 500 EDU's in the
reclamation parcel and 129 EDU's in the panhandle parcel.
The future land development tributary to the proposed "Quarry Creek" project will
not convey any wastewater to trunk sewer reaches VCT1A or VCT1B; and
therefore, reaches VCT1A and VCT1B will need to be paid from the City's Sewer
Replacement fund as there is no future development to fund these reaches.
In 2009, the alignment for these trunk sewer reaches was reviewed based on
impacts from the proposed development of the "Quarry Creek" project, and the
elimination of developable land by acquisition of property by the California State
Department of Fish and Game westerly of "Quarry Creek". A proposed alignment
for the trunk sewers are shown in Appendix A, Figure 1.
The proposed alignment shows the pipe lengths and costs in Table 3.
TABLE 3
Proposed Trunk Sewer Alignment Revisions for Sewer Benefit Area "A"
Reach
VCT1A
VCT1B
VCT1C
TOTAL
Pipe Size
8 -inches
8 -inches
8 - inches
—
Pipe
Length
2,930 - feet
1 ,230 - feet
3640 - feet
7,800 - feet
Total Cost
$586,000
$246,000
$728,000
$1,560,000
Funding
Source
Sewer
Replacement
Sewer
Replacement
SBA "A"
—
(a) The estimated project cost is based on $200 per foot of length.
The proposed pipeline alignment shown on Figure 1 will cross an existing creek at
a specific location within the proposed "Quarry Creek" project which establishes
the length shown in Table 3. No right of way acquisition is anticipated for the trunk
sewer reach VCT1C because it primarily follows tentative street alignments within
the proposed "Quarry Creek" development.
The project cost for trunk sewer reach VCT1C is shown in Table 3 and totals
$728,000, including planning, design, inspection, and construction management
cost. The updated fee amount is shown in Table 4 below.
TABLE 4
SEWER BENEFIT AREA "A" FEE CALCULATION
COST FOR
VCT1C
$728,000
TOTAL
AVAILABLE
CASH FROM
COLLECTED
FEES
$127,000
TOTAL
COST FOR
FUTURE
EDU's
$728,000
minus
$127,000==
$601,000
TOTAL
NUMBER
OF FUTURE
EDU's
629
PROPOSED
SBA "A"FEE
$601,000 +
629 EDU =
$955/EDU
EXISTING
FEE AS OF
9/01/2009
$468/EDU
Sewer Benefit Area B
Sewer Benefit Area "B" provides sewer service to LFMZ 7B and 14B through trunk
sewer pipeline reach NAHT1A (see Appendix A, Figure 2). The entire developable
area is zoned residential plus Calavera Park. Based on a review of future planned
developments, new connections, estimated at 335 EDU's, will occur only within
LFMZ 14B when development of the proposed Robertson Ranch West Village
(areas PA 1, PA 3, PA 5, and PA 7) occurs.
The Villas and Simsbury Lift stations currently divert wastewater from Sewer
Benefit Area "A" to Sewer Benefit Area "B". The diversion occurs from sewer
drainage zone 7A with an average flow rate of 0.177 mgd and a peak flow rate of
0.432 mgd (refer to Table 1) to drainage zone 7B (see Appendix A, Figure 2).
However, the actual pumping capacity of Villas and Simsbury is greater than the
tributary flow estimated at an average of 125 gpm (0.18 mgd) and a peak of 382
gpm (0.55 mgd). In sizing the proposed trunk sewer pipeline reach NAHT1A, the
peak pumping capacity needs to be considered. Therefore, by including the
diversion of wastewater flow from Sewer Benefit Area "A", the result is a total
average flow rate in reach NAHT1A of 0.39 mgd and a peak flow rate of 0.96 mgd.
In late September 2009, the existing 10" trunk sewer that reach NAHT1A was to
replace was removed from service because of vandalism that plugged the sewer
pipeline with debris and caused a sewer spill. An emergency was declared by the
City Manager on October 1, 2009. This declaration resulted in an above ground
installation of a temporary bypass pipeline to handle the wastewater flow on an
interim basis; construction of trunk sewer reach NAHT1A was then initiated by
entering into a contract with Orion Company, resulting in a total project bid cost of
$1,346,000.
The project described in the 1990 Fee Study Report was to replace an existing 8-
inch diameter PVC sewage forcemain with an 8-inch diameter gravity PVC sewer
pipeline, and had an estimated project cost of $340,000. The existing pipeline is
4,512-feet in length and begins at the abandoned Calavera Wastewater Treatment
Plant and proceeds south, parallel to Tamarack Avenue, where it ends at El
Camino Real.
The proposed trunk sewer reach NAHT1A is 4,449-feet in length, 10-inches in
diameter, and consists of PVC pipe. The street slope is relatively steep which
allows the trunk sewer pipeline to convey the wastewater including the diversion of
flow from sewer drainage zone 7A, discussed previously, to the receiving sewer.
The proportionate cost share of reach NAHT1E for the future EDU's is determined
by a ratio of a total of 335 future EDU's to the total number of EDU's at build-out
estimated at 966 EDU's multiplied by the total project cost. The proposed fee
amount is based on the total cost of constructing NAHT1A multiplied by the ratio of
future EDU's to existing EDU's (i.e. 335/966), then deducting the fees already
collected, and dividing the resulting amount by 335 future EDU's, which is shown in
Table 5.
TABLE 5
SEWER BENEFIT AREA "B" FEE CALCULATION
PROPORTIONATE
COST SHARE OF
NAHT1AFOR
FUTURE EDU's
$1, 346,000 x
(335-966) =
$482,137
TOTAL
AVAILABLE
CASH FROM
COLLECTED
FEES
$118,000
TOTAL
COST FOR
FUTURE
EDU's
$482,137
minus
$118,000=
$364,137
TOTAL
NUMBER
OF
FUTURE
EDU's
335
PROPOSED SBA
"A"FEE
$364,137-335
EDU =
$1,087/EDU
EXISTING
FEE AS OF
9/01/2009
$824/EDU
Sewer Benefit Area G
Sewer Benefit Area "G" provides sewer service to LFMZ 5C, 5E, 5F, and 51. These
are industrial zoned parcels with seven remaining undeveloped parcels (i.e. 2-City
owned lots along Orion Way, a lot adjacent to Beckman Industries, 2-lots in Loker
East, the vacant Olympic Resort property, a lot along Corte Del Nogal, and within
the County Airport).
The City of Vista presently discharges wastewater from an existing forcemain into
the upstream terminus of trunk sewer reach VB1 at El Camino Real which then
conveys the wastewater flow to trunk sewer reach VB2. The trunk sewer reach
VB2 conveys wastewater from LFMZ 5C, 5E, 5F, and 51, plus the wastewater from
the City of Vista to the Buena Interceptor Sewer.
The proposed sewer facility described in the 1990 Fee Study Report indicated that
capacity would be exceeded in trunk sewer reach VB2 and a parallel 21-inch
diameter trunk sewer would need to be installed as a replacement pipeline. The
1990 Fee Study Report proposed that Carlsbad would purchase permanent
capacity rights in the proposed parallel trunk sewer through a future agreement
with the City of Vista, and Carlsbad's share of the project cost was estimated at
$135,000.
In August 2006, Carlsbad prepared an updated study of the trunk sewer reaches
VB1 and VB2 titled "Capacity and Alternatives Analysis for the Buena Interceptor
Sewer". This study concluded the following:
• Carlsbad's peak wet weather flow rate in VB1 is 1.1 mgd and the capacity of
the sewer is 10.06 mgd assuming depth of flow "d" is at full pipe diameter
"D" (i.e. d/D = 1.0).
• Carlsbad's peak wet weather flow rate in VB2 is 1.7 mgd and the capacity of
the sewer is 6.79 mgd assuming depth of flow "d" is at full pipe diameter "D"
(i.e. d/D = 1.0).
• Since Carlsbad's flow does not exceed the capacity of either reach VB1 or
VB2, it is proposed that the City of Carlsbad take over ownership of the
existing trunk sewer reaches VB1 and VB2.
• Carlsbad's project cost for improvements to reach VB1 and VB2 was
estimated at approximately $402,000 (see Appendix C).
The City of Vista is presently in final design with a sewer pipeline project in
Palomar Airport Road extending from El Camino Real west to College Boulevard
that would convey their entire tributary flow directly to the Vallecitos Interceptor
Sewer. The City of Carlsbad is preparing an agreement to obtain ownership of the
existing trunk sewer pipeline which is trunk sewer reaches VB1 and VB2.
Therefore, the improvements to the existing trunk sewer reach VB2 include only
replacing existing manholes and other pipeline improvements rather than
participating in construction of a parallel 21-inch diameter pipeline as proposed in
the 1990 Fee Study Report. The estimated cost of the improvements is $402,000
as noted above, which significantly less than constructing a new parallel sewer.
The revised fee is based on the cost of the improvements less the amount of
collected sewer benefit area "G" fees paid by owners/developers within Sewer
Benefit Area "G" divided by the estimated remaining amount of future EDU's which
is 160 EDU's (see Appendix C). The calculation is shown below in Table 6.
TABLE 6
SEWER BENEFIT AREA "G" FEE CALCULATION
COST FOR
VB2
$402,000
TOTAL
AVAILABLE
CASH FROM
COLLECTED
FEES
$306,000
TOTAL
COST FOR
FUTURE
EDU's
$402,000 -
$306,000 =
$96,000
TOTAL
NUMBER
OF
FUTURE
EDU's
160
PROPOSED SBA
"A"FEE
$96,000/1 60 EDU =
$600/EDU
EXISTING
FEE AS OF
9/01/2009
$127/EDU
Sewer Benefit Area H
The sewer facilities described herein provide sewer service to LFMZ 10A, 10B,
10C, 17A, 17B and 18B (see Appendix A, Figure 4). The sewer facilities include
Poinsettia Lift Station, forcemain (VBT1G), and gravity sewer pipeline reaches
VBT1 A, VBT1 C, VBT1D, VBT1E and VBT1F. At the time this fee was last updated,
in January 2004, the total number of existing EDU's was 1,869. The existing units
included 111 EDU's in CT 73-29 (LFMZ 6B), 1,678 EDU's in Rancho Carrillo
(LFMZ 18B), and 80 EDU's located east of the City of Carlsbad in the Vallecitos
Water District. Although the 80 units are outside the boundary of Sewer Benefit
Area "H", the sewer pipeline serving the 80 units connects to a collector sewer
system in Rancho Carrillo which is tributary to trunk sewer reach VBT1 A. Vallecitos
Water District paid the developer of Rancho Carrillo, (Continental Residential, Inc.)
for capacity rights in the sewer system which was used in funding Vallecitos Water
District's share of the sewer benefit area "H" trunk sewer system.
In 2004, a review of existing and planned developments in each LFMZ, obtained
from the City's Planning Department, estimated the total number of EDU's within
LFMZ 10A, 10B, 10C, 17A, and 17B at 2,276 which were undeveloped at that time.
The EDU's in those LFMZ's are shown as italicized numbers in Table 1. The
combined total of existing plus future EDU's was estimated at 4,145. Using 220
gallons per EDU, the total number of EDU's will generate an average wastewater
flow of 0.91 mgd, and a peak flow of 2.06 mgd.
Sewer benefit area "H" fees are being used to reimburse Continental Residential,
Inc. for the oversizing cost tributary to the Poinsettia Lift Station, forcemain
(VBT1G), and gravity sewer pipeline reaches VBT1A, VBT1C, and VBT1D.
In the 2004 Sewer Fee Update study, Morrow Development was to be reimbursed
for oversizing sewer pipeline reaches VBT1E and VBT1F. However, in a letter
dated March 10, 2006, Morrow Development requested that the City remove these
trunk sewer pipelines from Sewer Benefit Area "H", because their contractor did
not pay prevailing wages for construction of the trunk sewers as required by the
City to receive reimbursement. Therefore, it is now necessary to revise the project
cost by eliminating the cost of trunk sewer pipeline reaches VBT1E and VBT1F. In
the 2004 Fee Update Report the total cost of reaches VBT1E and VBT1F was
estimated at $278,500 which will be deducted from the total project cost of
$3,257,000 and result in a revised total project cost of $2,978,500.
Subsequent to the preparation of the 1990 Fee Study Report, pipeline reach
VBT1B was eliminated from the sewer benefit area fee program. The City is
funding VBT1B because the property owners that will be provided sewer service
through reach VBT1B are already connected to the City's sewer system and these
connections occurred prior to the formation of Sewer Benefit Area "H"; and
therefore, no additional connection fee can be assessed. The location of CT 73-29
is east of the land development project referred to as "Villages of La Costa - The
Greens" and within LFMZ 6B. Reach VBT1B is necessary to eliminate an existing
temporary lift station, referred to as La Golandrina Lift Station. The City entered
into an agreement dated August 20, 1981 with Leucadia Wastewater District to
abandon La Golandrina Lift Station, upon completion of the Sewer Benefit Area "H"
sewer system. The City is using La Golandrina Lift Station to temporarily pump
wastewater to the Leucadia Wastewater District's sewer system.
To determine the updated Sewer Benefit Area "H" fee the cost share for MP 139F
must first be deducted from the total project cost. The reason for deducting the
cost share of MP 139F is that no Sewer Benefit Area "H" fees were collected from
development within MP 139F. The fees were not collected because Continental
Residential Inc., constructed sewer facilities greater in capacity than what was
required to provide sewer service for MP 139F. Therefore, the updated fee is
based on the total project cost minus the cost share for MP 139F divided by the
future EDU's that were estimated to occur from the 2004 Fee Study Update
Report, and the future EDU's are totally outside of the boundary of MP 139F. The
cost share for MP 139F is based on a ratio of existing EDU's in MP 139F divided
by the total number of existing and future EDU's, which were estimated to occur in
the 2004 Fee Study Update Report, within Sewer Benefit Area "H".
Revenue received from Sewer Benefit Area "H" fees will be used to reimburse only
one developer, Continental Residential, Inc., for constructing oversized sewer
facilities, which include the oversizing cost tributary to the Poinsettia Lift Station,
forcemain (VBT1G), and gravity sewer pipeline reaches VBT1A, VBT1C, and
VBT1D.
The sewer benefit area "H" fee is based on the total project cost to construct the
sewer facilities identified for Sewer Benefit Area "H" minus the cost share of those
facilities tributary to MP 139F divided by the total EDU's. The total project cost of
the trunk sewer system must be reduced from the January 2004 Fee Update report
by eliminating the cost for pipeline reaches VBT1E and VBT1F. The revised cost is
shown in Table 7 below and totals $2,978,500:
TABLE 7
SEWER BENEFIT AREA "H" TRUNK SEWER FACILITY COST
ITEM DESCRIPTION TOTAL COST
Continental Residential, Inc
Construction Costs (based on construction bid)
1
2
3
Poinsettia Lift Station
Forcemain VBT1 G
Gravity Sewers VBT1A, VBT1C, VBT1D
Total Construction Cost:
$1,464,500
343,700
460.900
$2,269,100
Design Costs
Total Design Cost:
Overhead Costs (4% of Construction Cost)
Construction Administration (2.5% of Construction Cost)
Total Cost:
$561 ,900
90,800
56,700
$2,978,500
The cost share for MP139F is determined by the ratio of existing EDU's in MP139F
divided by the total number of existing EDU's in Sewer Benefit Area "H" as
determined in the 2004 Fee Study Update. This calculation is shown in Table 8.
10
Estimated Cost
MP
TABLE 8
Share of Sewer Facilities for Development Outside of
139F and Within Sewer Benefit Area "H"
Total Future
EDU's in
Sewer Benefit
Area "H" from
2004 Fee
Study Update
2276
Total EDU's in
Sewer Benefit
Area "H" less
subarea 6B
4145-111 =
4034
Percent Share
of Total Project
Cost for area
outside
MP139F
2276 + 4034 x
100%=
56.4%
Cost Share
of Sewer
Benefit Area
"H" outside
MP139F
56.4% x
$2,978,500
$1,680,482
The sewer benefit area "H" fee is calculated by dividing the cost share for areas
outside of MP 139F, determined in Table 8, by the future estimated EDU's from the
2004 Fee Study Update. The future EDU's in 2004 were estimated at 2,276 as
shown in Table 1. The updated sewer benefit area "H" fee is shown in Table 9.
Table 9
Revised Sewer Benefit Area "H" Fee Based on Cost Estimated in the January
2004 Fee Update Report
SBA "H" Fee from
2004 Fee Update Report
$808/EDU
Revised SBA "H" Fee
$1,680,482 + 2,276 EDU's = $738/EDU
The current fee amount as of September 1, 2009, is $956/EDU. The proposed
SBA "H" fee needs to be determined by inflating the fee estimated in Table 9 by
the ratio of the current fee divided by the fee amount in the 2004 Fee Update (i.e.
January 2004 to September 2009), which is shown in Table 10.
Table 10
Proposed Sewer Benefit Area "H'Fee
Revised SBA "H" Fee from
Table 8
$738/EDU
Proposed SBA "H" Fee
$738 x (956/808) =
$873/EDU
Current SBA "H" Fee
9/1/2009
$956/EDU
The total cost of the fees collected will be reimbursed only to Continental
Residential, Inc.
Sewer Benefit Area I
Sewer Benefit Area "I" fees were to be used to fund construction of trunk sewer
reach VBT2 (see Appendix A, Figure 5). This trunk sewer reach was to provide
sewer service to about 50 percent of LFMZ 20A and all of 20B. The project
11
provided for replacing an existing 8-inch diameter sewer in Laurel Tree Road,
originally installed in 1981 by Sudan Mission, with a larger 12-inch diameter trunk
sewer, which is reach VBT2. However, based on final grading in this local drainage
zone as well as a reduction in residential density, the oversized sewer pipeline was
no longer needed. In its place, Greystone Homes installed an 8-inch diameter
collector sewer pipeline in Aviara Parkway in the year 2000. It was determined that
the combination of the two 8-inch diameter collector sewers was sufficient to
convey the wastewater generated in LFMZ 20A and 20B, and the replacement of
the sewer pipeline in Laurel Tree Road was no longer required.
Since the trunk sewer reach VBT2 will not be constructed, the City will need to
refund the fees collected from developers within Sewer Benefit Area "I", and this
fee will be reduced to $0 per EDU. Funds totaling $70,235 (including interest) have
been collected and will be reimbursed to the developers that paid the Sewer
Benefit Area "I" fee.
Sewer Benefit Area K
Sewer Benefit Area "K" provides sewer service to LFMZ 20C. Fees collected were
to fund trunk sewer reaches NBT3A and NBT3B plus a proportionate share of
trunk sewer reaches NB10, NB9, NB8, NB7, NB6, NB5 and the North Batiquitos
Lift Station. A revision to the fee amount is required because trunk sewer reaches
NBT3A and NBT3B will not be constructed. Further analysis determined that there
was adequate capacity in the existing collector sewers to convey the wastewater
generated in LFMZ 20C to the North Batiquitos Lift Station. As a result, the
improvements required for Sewer Benefit Area "K" are identical to the
improvements for Sewer Benefit Area "L"; and therefore, the fee amount is the
same for both Sewer Benefit Areas L and K.
In the "1990 Fee Study report", the Sewer Benefit Area K fee was established at
$1,981 per EDU. This fee was based on the fee calculated for Sewer Benefit Area
"L" plus the cost of constructing trunk sewer reaches NBT3A and NBT3B divided
by the EDU's estimated for LFMZ 20C. The current fee amount is $1,302/EDU, the
same amount charged for Sewer Benefit Area "L". A review of the City's records
show that the fee charged for Sewer Benefit Area "K" property was the same
amount charged for Sewer Benefit Area "L" property; and therefore, no further
action is required.
12
APPENDIX A
MAPS OF SEWER BENEFIT AREAS
A, B, G, H, I and K
13
VANCOUVER^
LIFT STATION'
(221 EDU's)^
Legend
Sewer Drainage Zones
2B
7A
25
SIMSBURY
STATION
Existing Sewer Pipeline
1991 Trunk Sewer
Alignment
Proposed Trunk Sewer
Alignment
VILLAS
STATION
SEWER BENEFIT AREA A
SEWER FACILITIES AND BOUNDARY MAP FIGURE 1
VANCOVER
LIFT STATION
(221 EDU's)SIMSBURY
LIFT STATION
(608 EDU's)
^VILLAS
LIFT STATION
(197 EDU's)
LAKE CALEVERA
HILLS WWTP
Legend
Sewer Drainage Zones
2B
7A
7ASubarea
I J14BS
— Existing Trunk Sewer
Proposed Trunk Sewer
SEWER BENEFIT AREA B
SEWER FACILITIES AND BOUNDARY MAP FIGURE 2
Legend
Sewer Drainage Zones
Proposed Trunk Sewer
SEWER BENEFIT AREA G
SEWER FACILITIES AND BOUNDARY MAP FIGURE 3
oO1&Z^\
(BRESSI RANCH)
MP178A
(VILLAGES OF
LA COSTA
"THE GREENS")
CT 99-03
NOT TO SCALE
Legend
I I Sewer Drainage Zone
Origial Area H Boundary
•~-~ Existing Interceptor
• " ' Proposed Forcemain
^"™ Gravity Sewer Pipeline
SEWER BENEFIT AREA H
RANCHO CARRILLO OFFSITE SEWER FIGURE 4
NAMF I Rnsn Fll F' C-\RIS\ArnVifii«/Prnif!rt\Tprru\PliimmprRRA\Sfi\A/f!rRfinRfitArRanfl-an-nP mxd
SEWER BENEFIT AREA I
SEWER FACILITIES AND BOUNDARY MAP FIGURE 5
Legend
Sewer Drainage Zones
20C
Proposed Sewer Pipeline
BATIQUITOS
LIFT STATION SEWER BENEFIT AREA K
SEWER FACILITIES AND BOUNDARY MAP FIGURE 6
APPENDIX B
ESTIMATED EQUIVALENT DWELLING UNITS IN
DRAINAGE ZONE 25
14
30
QUARRY CREEK
LAND USE TABULATIONS
July 22,2008
Parcel #
R-l
R-2
R-3
R-4
R-5
R-6
Subtotal
P-l
P-2
P-3
P-4
P-5
P-6
P-7
P-8
P-9
P-10
P-ll
P-12
Subtotal
OS-1
OS-2
OS-3
OS-4
OS-5
OS-6
OS-7
OS-8
OS-9
Subtotal
ROW
TOTAL
Land Use
Residential
Residential
Residential
Residential
Residential
Residential
Public
Public
Public
Public
Public
Public
Public
Public
Public
Public
Public
Public
Open Space
Open Space
Open Space
Open Space
Open Space
Open Space
Open Space
Open Space
Open Space
Acreage
3.0
9.6
4.8
5.5
14.6
2.1
39.6
1.1
2.9
.8
1.6
.5
1.1
1.3
.3
.7
.7
2.2
1.2
14.4
6.5
3.2
2.2
.2
20.7
1.7
20.6
33.9
3.9
92.9
11.8
158.7
Density/Details
25/ac
20/ac
20/ac
12/ac
12/ac
12/ac
Heritage Center (Oceanside)
Museum (Carlsbad)
Trail and Buffer
Trail and Buffer
Neighborhood Park
Parking
Transit Center
Trail Stop
Trail Stop
Trail Stop
Youth Center and/or Public
Events Facility
Hillside Gardens
Drainage
Slopes (Carlsbad)
Slopes (Oceanside)
Slopes
Natural
Drainage
MSHCP
MSHCP
MSCHCP
DU's
75
192
96
66
175
25
629
629
Note: All acreages are approximate and subject to further verification.
QUARRY
Ft-AN .
-C
O
APPENDIX C
PROJECT COST ESTIMATE FOR
SEWER BENEFIT AREA G
15
ALTERNATIVE C
PAGE 2 OF 2
Notes:
1
I
*I
I
CITY OF CARLSBAD
Capacity and Alternatives Analysis for the Buena Outfall
November 2006
Conceptual Cost Estimate - Alternative C
This is an ENGINEER'S CONCEPTUAL COST ESTIMATE ONLY, This estimate is based on the
conceptual plans prepared during the capacity analysis. Costs are subject to change during design
or due to, fluctuations in cost of materials, labor, components, or unforeseen contingencies.
This estimate does not include any contingency for encountering contaminated soils.
ESTIMATION OF COST SHARING:Ultimate
PWWF
% of Total
Design
Capacity
Total Cost
City of Carlsbad (Portion of Rehab Costs)
City of Carlsbad (Sole Source Rehab Costs)
2.6 37%$142,268
$259,800
City of Vista/BSD (Buena Outfall Force Main P3)
City of Vista/BSD (Portion of Rehab Costs)4.5 63%
$4,138,500
$246,232
ft
ft
ft
ft
ft
ft
ft
ft
ft
*
*
*
*
ft
ft
ft
ft
ft
ft
ft Attachment E
SEWER BENEFIT AREA G
ESTIMATE OF FUTURE SEWER CONNECTIONS
SUBAREA 5C
1. Joint First Responder Training Facility:
3279 SF assembly area (First Floor) + 3279 SF assembly area (second floor) for a total of 6558 SF.
6558 SF/(1800 SF/EDU) = 3.64 say 4 EDU's.
2. Future Fire Administration Building:
9115 SF total floor area
9115 SF/(1800 SF/EDU) = 5.06 say 5 EDU's
3. Future Public Works Center or other:
65,000 SF Building + 10,300 SF warehouse for a total of 75,300SF.
65,000 SF/(1800 SF/EDU) + 10,300 SF/(5000 SF/EDU)= 38.17 say 38 EDU's.
4. Future Beckman Building lot:
20,000 SF total floor area
20,000 SF/(1800 SF/EDU) = 11.11 say 11 EDU's
SUBAREA 5E
5. Future County Airport Property lot north side of Palomar Airport Road and west of Loker:
20,000 SF total floor area
20,000 SF/1800 SF/EDU = 11.11 say 11 EDU's
SUBAREA 5F
6. Palomar Commons "Lowes":
152,688 SF
152,688 SF/(1800 SF/EDU) = 85 EDU's
SUBAREA 51
7. Future Industrial Building on Corte Del Nogal:
11,000 SF total floor area
11,000 SF/1800 SF/EDU) = 6.11 say 6 EDU's
TOTAL = 160 EDU's
Introduce Ordinance
Incorporating Sewer Benefit
Areas
A through M
and
Approve Engineer’s Report
Adjusting Fee for
Sewer Benefit Areas
A, B, G, H, I, and K
Background
Sewer Benefit Area Fee Program
Originally Approved -January 15, 1991
Program based on sewer improvements and
costs in 1987 Sewer Master Plan
Established Benefit Areas A through M
Purpose: Collect funds to reimburse City or
developer(s) for construction of trunk sewers.
Fee in each benefit area is distinct and paid
when a building permit is issued
Fee Basis -Dollars per Equivalent Dwelling
Unit ($/EDU)
EL C
A
M
I
N
O
R
E
A
L
LA COSTA
A
V
AVIARA PY
CANNON RD
TAMAR
A
C
K
A
V
ALGA RD
CARL
S
B
A
D
VI
LL
A
G
E
D
R
POINSE
T
T
I
A
L
N
COLLE
G
E
B
L
PALO M A R A IR PORT RD
P O IN S E TTIA L N
RANCHO SANTA FE RD
CO
L
LEGE
B
L
A
D
EC
F
G
H
M
J
B
L
K
I
Sewer Benefit Area Map
Purpose of Fee Adjustment
for SBA’s A, B, G, H, I & K
Reflect changes in number of Future
Equivalent Dwelling Units (EDU’s)
Reflect changes in pipe size, alignment, &
length
Reflect updated project cost for
reimbursement
Methodology to Determine Fee
Each SBA pays its proportionate share of the
sewer improvement(s) based on percent of total
flow in the pipeline or facility.
Fee Based on Proportionate cost share of Future
EDU’s in a sewer improvement, then deduct funds
collected, and divide total by the Future EDU’s in
the SBA; expressed as ($/EDU)
SEWER
BENEFIT
AREA
SEWER
DRAINAGE
ZONE
EXISTING
EDU’s
FUTURE
EDU’s
TOTAL
EDU’s
A 2B, 7A, 25 1026 629 1655
B 7B, 14B 631 335 966
G 5C, 5E, 5F, 5I unknown 160 ---
H 6B, 10A, 10B,
10C, 17A, 17B,
18B
1,869 2,276 4,145
I 20A, 20B 0 570 570
K 20C 0 240 240
ESTIMATE OF FUTURE EDU’S FOR
SBA’s A, B, G, H, I, & K
Recommended SBA Fee
SBA Total
Cost of
Sewer
Amount
to be
Collected
Future
EDU’s in
the
SBA
SBA
Fee in
Nov. 2009
Engineer’s
Report
SBA Fee
as of
Sept.2009
A $728 K $601 K 629 $955/EDU $468/EDU
B $1,346 K $364 K 335 $1,087/EDU $824/EDU
G $402 K $96 K 160 $600/EDU $127/EDU
H $2,979 K $1,680 K 2,276 $873/EDU $956/EDU
I $0 $0 570 $0/EDU $478/EDU
K $3,507 K $842 K 240 $1,302/EDU $1,981/EDU
SBA’s WITH
NO FEE CHANGES
Sewer
Benefit Area
Current Sewer
Benefit Area Fee
as of 09/01/09
C $2,003/EDU
D $2,007/EDU
E $2,960/EDU
F $2,976/EDU
J $1,647/EDU
L $1,302/EDU
M $64/EDU
RECOMMENDATION
Adopt Resolution approving November
2009 Engineer’s Report revising Fees
for SBA’s A, B, G, H, I and K and Set
Public Hearing for March 9, 2010
Consider Ordinance No. CS-077:
revising Section 13.10.080 Sewer
Benefit Areas A through M and repeal
Section 13.10.090