HomeMy WebLinkAbout2010-03-09; City Council; 20149; Adopt Ordinance CS-077 Incorporation Sewer Benefit Areas A Through M and Revising Fees for Sewer Benefit Areas A B G H I ad KDEPT. UTIL.
ClTY OF CARLSBAD - AGENDA
ADOPT ORDINANCE NO. CS-077
INCORPORATING SEWER BENEFIT AREAS
A THROUGH M
AND REVISING THE FEES FOR
SEWER BENEFIT AREAS A, B, G, H, I, AND K
ClTY ATTORNEY
ClTY MANAGER I).+--* 1
RECOMMENDED ACTION:
Adopt 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:
Ordinance No. CS-077 was introduced and first read at the City Council meeting held on February
16, 2010. The second reading allows the City Council to conduct a public hearing and adopt the
ordinance, which would then become effective in thirty days. The City Clerk published Ordinance
No. CS-077 in a local newspaper on two separate dates, which included February 28, 2010 and
March 5, 2010. For Sewer Benefit Areas A, B, G, H, I, and K an Engineer's Report was prepared,
dated November 2009, describing the improvements to be funded, providing a detailed estimate of
current cost for the improvements, apportioning the costs to the properties within Sewer Benefit
Areas A, B, G, H, I, and K, establishing a schedule of fees to be collected, and adjusting the
boundaries to more accurately reflect areas served by each sewer facility. Table 1 shows the
recommended fee, and the current fee as of September 1, 2009.
TABLE I
Table 2 shows the sewer benefit areas where no fee changes are proposed.
H
I
DEPARTMENT CONTACT: William Plummer 760-602-2768 bill.plummer@ci.carlsbad.ca.us
FOR ClTY CLERKS USE ONLY
COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC
DENIED CONTINUED TO DATE UNKNOWN
CONTINUED RETURNEDTOSTAFF
WITHDRAWN OTHER - SEE MINUTES
AMENDED
$2,978,500
-0-
$1,680,482
$0
2,276
570
$873/EDU (a) I $956/EDU
$O/EDU $478/EDU
Page 2
TABLE 2 - SEWER BENEFIT AREAS WITH NO FEE CHANGES
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 VCTI C (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 NAHTIA, referred to as Tamarack
Sewer, was constructed as an emergency project and is statutorily exempt from CEQA pursuant to
CEQA Guidelines Section 15269.
FISCAL IMPACT:
See Agenda Bill No. 20,120 on file with the City Clerk
EXHIBITS:
1. Sewer Benefit Area Map
2. 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.
3. Resolution No.2010-026 approving the Engineer's Report, declaring the City's intention to
increase the fees for Sewer Benefit Area H, and setting the public hearing to consider adoption
of increased fee.
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.
Sewer Benefit Area Fees
Area Accou er Cost Per Unit ($1
A 955
B 5 176337-5590 1087
C 5166338-5590 2003
D 5 166339-5590 2007
E 5166330-5590 2960
5166331-5590 2976
5176332-5590 600
51763465590 873
5 0
5176333-5590 If347
K 5176342-5590 1302
L 1302
M 64
Sewer Benefit Area Fees
J \Requests2010Plus\Ut1l1t1esW283619~10
Note: These fees effective
April 9. 2010
E+k, id? ! [< 8
ORDINANCE NO. CS-077
AN ORDINANCE OF THE ClTY COUNCIL OF THE ClTY OF
CARLSBAD, CALIFORNIA, 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.
I I Whereas, the City prepared a study entitled "Updated Fee Study Report for Sewer Benefit
11 Areas "A, B, G, H, I, and K, dated November 2009, which updated the Sewer Benefit Area Fees
I I for Sewer Benefii Areas " A, B, G, HI I, and K", the "Engineer's RepoK'; and
I I Whereas, the Engineer's Report on file in the City Clerk's Office and incorporated by
I/ reference as Exhibit "A" to this ordinance; and
11 Whereas, the Engineer's Report estimates the capital costs of construction of sewer
I I facility improvements; and
I 1 Whereas, fees to implement the construction of those improvements in Sewer Benefit
I I Areas "A, B, G, H, I, and K, are set forth in the Engineer's Report; and
11 Whereas, the fees so established do not exceed the reasonable costs of constructing
I I these facilities and the fees are not levied for general revenue purposes; and
I I Whereas, the Engineer's Report was available for public inspection and review fourteen
I I (14) days prior to this public meeting; and
I I Whereas, the Finance Director is directed to establish a fund or funds necessary to collect
the fees so imposed and to maintain said fund or funds and the interest collected therein and to
11 authorize expenditures for only those projects, bond payments or other construction activities set
I I forth in the Engineer's Report. The Finance Director is further directed to make a report, at least
I I annually, and within six (6) months of the close of the fiscal year, determining the beginning and
I I ending balances for the fiscal year and the fees, interest and other income and amount of
I I expenditure on each public facility. The fees deposited in the fund or funds shall not be
I I commingled with any other fees or revenue of the City. The Finance Director is further directed to
I I make this information available to the public and to report to the City Council not less than fifteen
1 ( (15) days after making said information available to the public. The Finance Director shall monitor I ,,I l
these funds so that, if required, the City Council may make written findings that all or any portion
of the fees remaining unexpended or uncommitted in the fund for five or more years are still
necessary and needed for the purpose to which the fee is to be expended and demonstrate a
reasonable relationship between that fee and the cost of the improvements.
Now, therefore, the City Council of the City of Cadsbad, California, does ordain as follows:
Section I: Chapter 13.10.090 to Xtle 13 of the Cadsbad Municipal Code is hereby
repealed.
Sectton II: Chapter 13.10.080 to Title 13 of the Cadsbad Municipal Code is hereby revised
to read as follows:
"Section 13.1 0.080
Sewer Benefit Area Fees A Through M
"Except as provided, every person who wishes to use the City's sewer facilities in Sewer
Benefd 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 Benefd Area A; one thousand eighty seven dollars ($1,087) per equivalent dwelling unit
for Sewer Benefit Area 6; 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
Benefd Area D; two thousand nine hundred sixty dollar ($2,960) per equivalent dwelling unit in
Sewer Benefit Area E; two thousand nine hundred sixty dollars ($2,976) per equivalent dwelling
unit in Sewer Benefit Area F; six hundred dollars ($600) per equivalent dwelling unit for Sewer
Benefa 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 "In; 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 sedion shall apply to building pennits issued thirty
(30) days following adoption of this ordinance for residential developments, and commercial and
industrial buildings only in Sewer Benefit Areas A, B, G, H, I, and K. All remaining sewer benefit
area fees remain unchanged.
The Finance Director is authorized to refund the entire amount collected for Sewer Benefit
Area I to all property owners/developers that paid the Sewer Benefit Area I fee.
The Sewer Beneffi 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
base year index of April 1,201 0.
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
been had there been no suspension unless prior to that time the City Council adopts an
ordinance specifying a different fee or formula."
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the
City Clerk shall cetii 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.
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INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on
the 16th day of February, 2010, and thereafter.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the Crty Council of the
City of Carlsbad on the 9th day of March, 201 0 by the following vote to wit:
AYES: Council Members Lewis, Hall, Packard and Blackbum.
NOES: None.
1 ABSENT: Mayor Pro Tern Kulchin.
1 ABSTAIN: None.
APPROVED AS TO FORM AND LEGALITY
ATTEST:
RESOLUTION NO. 201 0-026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, 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.
WHEREAS, the City Council initially imposed Sewer Benefit Area Fees by Resolution
No. 91-21 in January 1991; and
WHEREAS, the City Council updated the fee amount for Sewer Benefit Areas C, D, E,
and F by Ordinance No. NS-642 on September 17, 2009, and included the updated fee
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; and
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,
B, G, H, I, and K; and
WHEREAS, the City Council may update and modify the fees for Sewer Benefit Areas A,
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, 6, G, H, I, and K fees which
may result from the update and adjustment of the existing fees are exempt from the voter
approval requirements of Article XlllD Section 6(c) of the California Constitution (Proposition
218, see Richmond v. Shasta Community Services District (2004) 32 Cal 4'h 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
2009, hereinafter referred to as "2009 Engineer's Report", said Report generally setting forth the
following:
A. Boundary map of area of benefit;
B. Description of proposed public improvements;
C. Updated estimate of cost for said improvements;
D. Method and apportionment for distribution of costs based upon benefits received
from the proposed public improvements; and
WHEREAS, at this time the City Council of the City of Carlsbad, California, is now ready
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
CARLSBAD, CALIFORNIA, AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That Resolution 91-21 is hereby repealed.
SECTION 3. 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
purpose of financing the costs and expenses relating to certain public improvements in Sewer
Benefit Areas A, B, G, H, I, and K. A general description of the improvements to be funded is as
follows:
This fee update is only applicable to Sewer Benefit Areas A, B, G, H, I, and K. The sewer
facilities include the construction of trunk sewers consisting of numerous pipeline reaches and
the Poinsettia Lift Station. For Sewer Benefit Area A, the pipeline reach includes an &inch
diameter pipeline from Simsbury Lift Station to a point approximately 5,500 feet northeast
referred to as reach VCTIC. For Sewer Benefit Area B the pipeline reach includes a 10-inch
diameter gravity flow pipeline approximately 5,000-feet in length referred to as reach NAHTIA.
For Sewer Benefit Area "G" the work includes constructing manholes and miscellaneous sewer
4
improvements on pipeline reach VB2. For Sewer Benefit Area H, the pipeline reaches include a
12-inch diameter gravity flow pipeline in Poinsettia Lane from Alicante Road to a point 1,320 feet
east referred to as reaches VBTIA, VBTIC, and VBTID, a 12-inch diameter forcemain from
Poinsettia Lift Station to El Camino Real referred to as reach VBTlG and Poinsettia Lift Station.
For Sewer Benefit Area I, the pipelines reach VB2 will not be constructed. For sewer Benefit
Area K the trunk sewer pipeline reaches NBT3A and NBT3B will not be constructed.
The improvements listed above also include costs for right-of-way acquisition, engineering,
contract administration, construction engineering, construction inspection, and mitigation
measures.
REPORT
SECTION 4. The Report, titled City of Carlsbad, Updated Fee Study Report for Sewer
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.
MAP
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
BENEFIT AREAS A, B, G, H, I, and K is included as Figures 1 through 6 to the Report, and the
same is hereby approved and adopted.
COST ESTIMATE
SECTION 6. The cost estimate, as set forth in the Report of the Engineer, reflects the
total updated estimated costs for the improvements, and the method of fee allocation represents
a fair method of allocation of the costs to the area of benefit. The updated estimated cost of the
improvements is $3,257,000.
COST ALLOCATION
SECTION 7. The above fees, as set forth in the Report of the Engineer, shall be
applicable to all property within Sewer Benefit Areas A, B, G, H, I, and K except for parcels with
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existing building permits, which are exempt from the fee; said fees shall be payable as a
condition of issuing a building permit for the property and portions of the property to be
developed. The Benefit Area Fees shall be adjusted annually, effective September 1, according
to the change to the Engineering News Record Los Angeles Construction Cost lndex (Index)
with a base year index as of September 1,2010. The City Council further finds that adjusting the
fee annually according to this lndex most accurately reflects the increased construction costs
associated with the improvements and that by using this lndex the fees shall not exceed the
reasonable future construction costs and the fees will not be used for general revenue
purposes.
SECTION 8. For any and all information relating to these proceedings, your attention is
directed to the below designated person:
WILLIAM E. PLUMMER
DEPUTY ClTY ENGINEER
ClTY OF CARLSBAD
1635 FARADAY AVENUE
CARLSBAD, CA 92008
TELEPHONE: (760) 602-2768.
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
and place of the public meeting, including 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 increased fees.
SECTION 9. The public hearing to consider adoption of the Sewer Benefit Areas A, B,
G, H, I and K fee increase shall be held on March 9, 2010 at the Council Chambers of the City of
Carlsbad.
SECTION 10. This action 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 is exempt from the California Environmental Quality
Act (CEQA) pursuant to CEQA Guidelines Section 15273(a) (4) and based on the following
findings required by CEQA Guidelines Section 15273(c):
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.
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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, 201 0, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard, Blackburn
NOES: None
ABSENT: None
ATTEST:
LOR~NE hh--#&b, Clerk
Karen R. Kundtz, ~ssiswnt City Clerk
(SEAL)
UPDATED FEE STUDY
REPORT
FOR
SEWER BENEFIT AREAS
A, 6, G, H, I, AND K
November 2009
CITY OF CARLSBAD
Prepared by William Plmrner
TABLE OF CONTENTS
Pane No. Descri~tion
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 I
12 Sewer Benefit Area K
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 I987 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 VBTIE, VBTIF,
VBT2, NBT3A and NBT3B.
PROCESS
Since January 15, 1991 property owners of land developed within sewer benefit
areas A, B, GI HI 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, GI 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 every parcel within its boundaries, and fall within
drainage zones 2B, 5C, 5E, 5F, 51, 68, 7A, 7B, 148, IOA, IOB, IOC, 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, HI 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
I3
Total
G
Total
PROJECTEDDRY
WEATHER FLOW (mgd)
SEWER
DRAINAGE
ZONE
2B
7A
25
78
14B
5C
5E
5F
51
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)
i
PEAK (b)
0.125
0.432
0.340
0.859
0.343
0.187
0.515 (c)
0.202
0.21 4
0.054
0.487
0.909 (d)
EQUIVALENT DWELLING UNITS (EDU's)
TOTAL
221
805
629
1655
631
335
966
(d)
EXISTING
221
805
0
1026
631
0
631
(d)
FUTURE
0
0
629
629
0
335
335
20
20
20
100
160
I I I I I I I
(a) Average flow = Total EDU's x 220 gpd1EDU.
(b) Peak dry weather flow = Average flow x peaking factor.
The peaking factor, y = -0.1 086 (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.
Total
I
Total
K
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
VCTIA, VCTI B, and VCTI C (see Appendix A, Figure 1). The three trunk sewers
included the improvements summarized in Table 2.
18B
20A
208
20C
TABLE 2
1,758
4,145
118
452
570
240
1990 Sewer Fee Study Report for Benefit Area "A"
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 VCTIC 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.
0
0
0
0
0
0
Reach
VCTl A
VCTI B
VCTI C
TOTAL
The future land development tributary to the proposed "Quarry Creek project will
not convey any wastewater to trunk sewer reaches VCTIA or VCTIB; and
therefore, reaches VCTIA and VCTIB will need to be paid from the City's Sewer
Replacement fund as there is no future development to fund these reaches.
1,758
4,145
118
452
570
240
Pipe Size
8 -inches
8 -inches
10 - inches ---
0.387
0.912
0.026
0.099
0.125
0.052
Pipe Length
1,500 - feet
1.000 - feet
3,000 - feet
5,500 - feet
0.91 1
2.061
0.069
0.248
0.31 0
0.136
Total Cost
$1 03,000
$70.000 . -.
$237,000
$41 0,000
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" I Reach I Pipe Size Pipe I Total Cost I Funding I
VCTIA
I
(a) ~hk estimated project hod is based or; $200 ber foot ofllength.
I
VCTl B
VCTl C
TOTAL
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 VCTlC because it primarily follows tentative street alignments within
the proposed "Quarry Creek development.
8 -inches
The project cost for trunk sewer reach VCTIC 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.
8 -inches
8 - inches ---
TABLE 4
Length
2,930 - feet
SEWER BENEFIT AREA "A" FEE CALCULATION
COSTFOR [ TOTAL I TOTAL I TOTAL I PROPOSED ( EXISTING (
1,230 - feet
3640 - feet
7.800 - feet
$586,000
Source
Sewer
$246,000
$728,000
$1.560.000
VCTl C
$728,000
Replacement
Sewer
Replacement
SBA "A --
AVAILABLE
CASH FROM
COLLECTED
FEES
$127,000
COST FOR
FUTURE
EDU's
$728,000
minus
$127,000 =
$601,000
NUMBER
OF FUTURE
EDU's
629
SBA "A"FEE
$601,000 +
629 EDU =
$955/EDU
FEE AS OF
910112009
$468/EDU
Sewer Benefit Area B
Sewer Benefit Area "B" provides sewer service to LFMZ 78 and 14B through trunk
sewer pipeline reach NAHTIA (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 rngd and a peak flow rate of
0.432 rngd (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 rngd). In sizing the proposed trunk sewer pipeline reach NAHTIA, 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 NAHTIA of 0.39 rngd and a peak flow rate of 0.96 mgd.
In late September 2009, the existing 10" trunk sewer that reach NAHTIA 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 NAHTIA 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 NAHTIA 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 NAHTI E 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 NAHTIA 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.
Sewer Benefit Area G
TABLE 5
SEWER BENEFIT AREA "B" FEE CALCULATION
EXISTING
FEE AS OF
9/0112009
PROPORTIONATE
COST SHARE OF
NAHTIA FOR
FUTURE EDU's
$1,346,000 x
(335+966) =
$482,137
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 lnterceptor Sewer.
TOTAL
AVAILABLE
CASH FROM
COLLECTED
FEES
$1 18,000
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
$1 35,000.
In August 2006, Carlsbad prepared an updated study of the trunk sewer reaches
VB1 and VB2 titled "Capacity and Alternatives Analysis for the Buena lnterceptor
Sewer". This study concluded the following:
Carlsbad's peak wet weather flow rate in VB1 is 1 .I 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).
TOTAL
COST FOR
FUTURE
EDU's
$482,137
minus
$1 18,000=
$364,137
TOTAL
NUMBER
OF
FUTURE
EDU's
335
PROPOSED SBA
"AWFEE
$364,137 + 335
EDU =
$1,0871EDU
Since Carlsbad's flow does not exceed the capacity of either reach VBI or
VB2, it is proposed that the City of Carlsbad take over ownership of the
existing trunk sewer reaches VBI 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 ownersldevelopers 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.
Sewer Benefit Area H
TABLE 6
SEWER BENEFIT AREA "G" FEE CALCULATION
The sewer facilities described herein provide sewer service to LFMZ IOA, 10B,
10C, 17A, 17B and 188 (see Appendix A, Figure 4). The sewer facilities include
Poinsettia Lift Station, forcemain (VBTIG), and gravity sewer pipeline reaches
VBTIA, VBTI C, VBTl D, VBTI E and VBTI F. 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 11 1 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 VBTIA. Vallecitos
Water District paid the developer of Rancho Carrillo, (Continental Residential, Inc.)
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
"AT'FEE
$96,00011 60 EDU =
$6OOlEDU
EXISTING
FEE AS OF
9101 12009
$1 27lEDU
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 IOA, 106, IOC, 17A, and 176 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
(VBTI G), and gravity sewer pipeline reaches VBTIA, VBTIC, and VBTI D.
In. the 2004 Sewer Fee Update study, Morrow Development was to be reimbursed
for oversizing sewer pipeline reaches VBTIE and VBTIF. 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 VBTI E and VBTI F. In
the 2004 Fee Update Report the total cost of reaches VBTIE and VBTIF 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
VBTIB was eliminated from the sewer benefit area fee program. The City is
funding VBTIB because the property owners that will be provided sewer service
through reach VBTI B 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 VBTI B 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 "Hn
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 (VBTIG), and gravity sewer pipeline reaches VBTIA, VBTIC, and
VBTI D.
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 VBTI E and VBTI F. 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 I DESCRIPTION I TOTAL COST
1 Continental Residential, Inc 1
I Design Costs 1
The cost share for MP1 39F is determined by the ratio of existing EDU's in MPI 39F
divided by the total number of existing EDU's in Sewer senefit Area "H" as
determined in the 2004 Fee Study Update. This calculation is shown in Table 8.
TABLE 8
Estimated Cost Share of Sewer Facilities for Development Outside of
MP 139F and Within Sewer Benefit Area "H"
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.
Total Future
EDU's in
Sewer Benefit
Area "H" from
2004 Fee
Study Update
2276
Table 9
Revised Sewer Benefit Area "H" Fee Based on Cost Estimated in the January
2004 Fee Update Report
I SBA "H" Fee from Revised SBA "H" Fee
Total EDU's in
Sewer Benefit
Area "H" less
subarea 6B
4145 - 11 1 =
4034
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.
2004 Fee Update Report
$808/EDU
Percent Share
of Total Project
Cost for area
outside
MP 139 F
2276 + 4034 x
1 OO%=
56.4%
$1,680,482 + 2,276 EDU's = $738lEDU
The total cost of the fees collected will be reimbursed only to Continental
Residential, Inc.
Cost Share
of Sewer
Benefit Area
"H" outside
MP 139F
56.4% x
$2,978,500 - -
$1,680,482 .
Table 10
Proposed Sewer Benefit Area "H" Fee
Sewer Benefit Area I
Revised SBA "H" Fee from
Table 8
$738/EDU
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
Proposed SBA "H" Fee
$738 x (9561808) =
$873lEDU
Current SBA "H" Fee
911 12009
$9561EDU
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 VBTZ. 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 &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.
APPENDIX A
MAPS OF SEWER BENEFIT AREAS
A, B, G, H, I and K
APPENDIX B
ESTIMATED EQUIVALENT DWELLING UNITS IN
DRAINAGE ZONE 25
QUARRY CREEK
LAND USE TABULATIONS
July 22,2008
P-1
P-2
P-3
P-4
P-5
P-6
P-7
P-8
P-9
P-I 0
P-1 1
I I I I
TOTAL 1 1 158.7 1 1 629
Note: All acreages are approximate and subject to fiuther verification.
Density/Details
25lac
Acrea~e
3 .O
9.6
4.8
5.5
14.6
2.1
39.6
Parcel #
R-1
R-2
R-3
R-4
R-5
R-6
Subtotal
ROW
DU's
75
Land Use
Residential
Residential
Residential
Residential
Residential
Residential
Public
Public
Public
Public
Public
Public
Public
Public
Public
Public
Public
11.8
20fac
20/ac
1 2fac
12/ac
12/ac
1.1
2.9
.8 .
1.6
.5
1.1
1.3
.3
.7
.7
2.2
192
96
66
175
25
629 -
Heritage Center (Oceanside)
Museum (Carlsbad)
Trail and Buffer
Trail and Buffer
Neighborhood Park
Parking
Transit Center
Trail Stop
Trail Stop
Trail Stop
Youth Center andfor Public
APPENDIX C
PROJECT COST ESTIMATE FOR
SEWER BENEFIT AREA G
ALTERNATIVE C
PAGE 2 OF 2
CITY OF CARLSBAD
Capacity and Alternatives Analysis for the Buena Outfall
November 2006
Conceptual Cost Estimate - Alternative C
Notes:
1 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 est~mate does not include any contingency for encountering contaminated soils.
Attachment E
ESTIMATION OF COST SHARING:
%ofTotal
Design
Capacity
Ultimate
PWWF 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 Outfali Force Main P3)
City of VistalBSD (Portion of Rehab Costs) 4.5 63%
$4,138,500
$246,232
NOTICE OF PUBLIC HEARING
ADJUSTING SEWER BENEFIT AREA A, 6, G, H, I, AND K FEES
NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City
of Carlsbad will hold a public hearing City of Carlsbad will hold a public hearing at the Council Chambers,
1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, March 9, 2010, to consider
the adoption of an ordinance to adjust the Sewer Benefit Areas A, B, GI H, I, and K Fees which will be
used to reimburse developers or the City for constructing sewer facilities in Sewer Benefit Areas A, B, GI
HI I, and K, and incorporate the existing Sewer Benefit Areas C, Dl El F, J, L, and M fees into the
ordinance. The fees may be adjusted annually according to the Engineering News Record Los Angeles
Construction Cost Index (ENR-LA-CCI).
Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies
of the agenda bill will be available on and after March 5, 2010. If you have any questions, please contact
Bill Plummer in the Engineering Department at (760) 602-2768 or bill.plummer@carlsbadca.gov.
If you challenge the Sewer Benefit Area A, B, GI H, I, and K fees in court, you may be limited to raising
only those issues you or someone else raised at the public hearing described in this notice or in written
correspondence delivered to the City of Carlsbad, Attention: City Clerk, 1200 Carlsbad Village Drive,
Carlsbad, CA 92008, at or prior to the public hearing.
Applicant: City of Carlsbad
CARLSBAD CITY COUNCIL
because )our &re,[ ma be aifect-
ed. mat ne c councll oYm cnv or Carlsw *,&la a publtc nearlnc)
C~ty of Carrsoaa .will hold a public
An e&e Construetian Cost Index ~E&-LA-CC,)
TFoss persona wlshtrq (0 J!~?dk 011
n*a vravo~l rra cwmPv Invitqd v)
attend bhe ouM~c hearing. Cqxes of tXae an& brll will tm avamle on a~%~ad5,mt0. ityou hws any qu&ons, effl wnlact &1I1
Ptumr m m Pm wrt-
cnent sI (55g) BO21[1276@ of bltl pLIrnmeracafl
if you chalkrqe Derrelal Acss A, 0, G, H. b, am K lees tn ca*t you may km ltmrted to ratdMg an& lhwse lawes yw cw &e ram at Me pMu: haering &-
scrrbed m MIS notice ar m wfIM~n corwpondence delhrrcd lo (he Clry
of Cartsbad, Attenthon: Clty Clerk,
*;800 C;rrlM Villew @rim, Carl$. bae, CA 9200%. a! ar prtor ta
p*blu: heamg
+pltcant City of Cad&&
This space is for the County Clerk's Filing Stamp
PROOF OF PUBLICATION
(2010 & 2011 C.C.P.)
STATE OF CALIFORNIA
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 matter. I am the principal clerk of the printer
of
North County Times
Formerly known as the Blade-Citizen and The Times-
Advocate and which newspapers have been
adjudicated newspapers of general circulation by the
Superior Court of the County of San Diego, State of
California, for the City of Oceanside and the City of
Escondido, Court Decree number 171349, for the
County of San Diego, that the notice of which the
annexed is a printed copy (set in type not smaller than
nonpariel), has been published in each regular and
entire issue of said newspaper and not in any
supplement thereof on the following dates, to-wit:
February 2sth, March 2010
I certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Dated at Escondido, California
This 05'~ day of March 201% /""
Proof of Publication of
NOTICE IS HEREBY GIVEN to you,
because your interest may be affect-
ed, that the City Council of !he Clty of Carlsbad will hold a publlc hearing
1 City of Carlsbad will hold a public hearing at the Council Chambers,
1200 Carlsbad Village Drive, Carls- bad California at 6:00 p.m. on Tues-
1 day: March 9,'2010, to consider the 1 adoption of an ordinance to adjust i the Sewer Benefit Areas A, 8, G, H, I, and K Fees which will be used to
reimburse developers or the City for
constructing sewer facilities in Sewer
Benefit Areas A, B, G, H, I, and K, and incorporate the existing Sewer
Benefit Areas C, D, E, F, J, L, and M fees into the ordinance. The fees
may be adjusted annually according to the Engineering News Record Los I Angeles Construction Cost Index (ENR-LA-CCI).
Those persons wishing to speak on
th~s proposal are cord~ally inv~tea lo
attend the oublic hearlna. Co~les of
the a enda bill will beavailable on and ajer March 5,2010. If you have 1
any questions, please contact Bill 1 Plummer in the Engineering Depart-
ment at (760) 602-2768 or bill.plummer@carlsbadca.gov.
If you challenge the Sewer Benefit Area A, B, G, H, I, and K fees in
i court, you may be limited to raising
only those issues you or someone
else raised at the public hearing de-
scribed in this notice or in written
correspondence delivered to the City
of Carlsbad, Attention: City Clerk,
1200 Carlsbad Village Drive, Carls- bad, CA 92008, at or prior to the
public hearing.
Applicant: City of Carlsbad 3
CARLSBAD CITY COUNCIL NCT 2248705 02/28.03/05/2010
NORTH COUNTY TIMES
Legal Advertising
Adopt Ordinance NO. CS-077
Incorporating
Sewer Benefit Areas
A through M
and
Revising Fees for
Sewer Benefit Areas
A, B, G, H, I, and K
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 pay’s 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
RECOMENDATION
Adopt Ordinance No. CS-077: revising
CMC Section 13.10.080 to incorporate
Sewer Benefit Areas A through M with
the recommended fees,
and repeal Section 13.10.090