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Home My WebLink About2010-07-13; City Council; 20311; AMENDMENT MUNICIPAL CODES SECTION CERTAIN FEESCITY OF CARLSBAD - AGENDA BILL AB# 20,311 MTG. 7-13-10 DEPT. CLERK AMENDMENT OF MUNICIPAL CODE SECTIONS REGARDING CERTAIN FEES DEPT. HEAD CITY ATTY. CITY MGR. RECOMMENDED ACTION: Adopt Ordinance No. CS-094, amending Section 13.10.030 (Sewer capacity fee - Encina Treatment Plant); Section 13.10.080 (Sewer benefit area fees); Section 13.10.090 (Sewer benefit area fees - Area H); Section 15.08.040 (Fee - planned local drainage area); and Section 5.09.030 (Imposition of tax - mobile home park license tax fee) of the Carlsbad Municipal Code. ITEM EXPLANATION: Ordinance No. CS-094 was introduced and first read at the City Council meeting held on June 29, 2010. The second reading allows the City Council to adopt the ordinance which will become effective thirty days after adoption. The City Clerk will have the ordinance published within fifteen days, if adopted. FISCAL IMPACT: See AB #20,295 on file in the Office of the City Clerk. ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code section 21065 and CEQA Guidelines section 15738, this action does not constitute a "project" within the meaning of CEQA and therefore, does not require additional environmental review. EXHIBITS: 1. Ordinance No. CS-094. DEPARTMENT CONTACT: Karen Kundtz 760-434-2808 Karen.Kundtz@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED nnnn CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES Dnnn 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit 1 ORDINANCE NO. CS-094 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE SECTIONS 13.10.030, 13.10.080, 13.10.090.15.08.040(bl and 5.09.030f bl NOW, THEREFORE, the City Council of the City of Carlsbad ordains as follows: SECTION 1: That section 13.10.030 of the Carlsbad Municipal Code is amended to read as follows: 13.10.030-Sewer capacity fee -Enema Treatment Plant Except as provided, every person who wishes to use the city sewer system and the Encina Treatment Plant shall pay to the city prior to the issuance of a sewer permit, a sewer capacity fee per equivalent dwelling unit. The amount of the sewer capacity fee shall be as set from time to time by a resolution of the city council. The sewer capacity fee shall be adjusted annually by a resolution of the city council by the percentage change in the Engineering News Record Los Angeles Construction Cost Index with the base index in effect in December 2003. The fee adjustment for the July 1, 2010 -June 30, 2011 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. All sewer capacity fees shall be placed in the sewer construction fund and shall be used to pay for capital improvements of such system. SECTION 2: That section 13.10.080 of the Carlsbad Municipal Code is amended to read as follows: 13.10.080 Sewer benefit area fees. Except as provided, every person who wishes to use the city's South Agua Hedionda Interceptor Sewer shall pay to the city, prior to the issuance of a sewer permit, a sewer benefit area fee of one thousand six hundred fifteen dollars per equivalent dwelling unit for sewer benefit area C; one thousand six hundred eighteen dollars per equivalent dwelling unit for sewer benefit area D; two thousand three hundred eighty-six dollars per equivalent dwelling unit for sewer benefit area E; and two thousand three hundred ninety-nine dollars per equivalent dwelling unit for sewer benefit area F.The fee established by this section shall apply to building permits issued thirty days following adoption of this section for residential developments, and commercial and industrial buildings. The sewer benefit area fees shall be adjusted annually effective July 1, according to the Engineering News Record Los Angeles Construction Cost Index with a base year index reported on April 1 of each year with a base year index of 7500. 3 4 SECTION 3: That section 13.10.090 of the Carlsbad Municipal Code is amended5 6 7 8 9 14 15 19 20 21 26 27 28 The fee adjustment for the July 1,2010 -June 30, 2011 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 and ordinance specifying a different fee or formula. to read as follows: 13.10.090 Sewer benefit area fees-Area H. Except as provided, every person who wishes to use the city's sewer facilities in sewer benefit area H shall pay to the city, prior to the issuance of a building permit, a sewer benefit area fee of eight hundred eight dollars per equivalent dwelling unit for sewer benefit area H.T/je fee established by this section shall apply to building permits issued thirty days following adoption of the ordinance codified in this section for residential developments, and commercial and industrial buildings. The sewer benefit area fees shall be adjusted annually effective September 1, by 12 the annual change to the Engineering News Record Los Angeles Construction Cost Index with a base year index of April 1,2004. The fee adjustment for the July 1,2010 -June 30,2011 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. 16 SECTION 4: That section 15.08.040(b) of the Carlsbad Municipal Code is 18 amended to read as follows: 15.08.040 Fee. (b) A planned local drainage area fee shall be paid by the owner or developer prior to the issuance of any building permit or occupancy permit or prior to final or parcel map approval for a project, whichever occurs first. The planned local drainage area fees shall be adjusted annually based upon the July, 2008 Engineering News Record Los Angeles Construction Cost Index of 9335.69 based on the 1967 average = one hundred. 23 The fee adjustment for the July 1, 2010 - June 30, 2011 fiscal year shall be held in abeyance for a period of one year. Thereafter the fee shall return to the amount it would 24 have been had there been no suspension unless prior to that time the City Council adopts an ordinance specifying a different fee or formula.25 SECTION 5: That section 5.09.030(b) of the Carlsbad Municipal Code is amended to read as follows: 1 (b) The developer of a mobile home park shall pay a license tax fee of one thousand one hundred fifty dollars for each mobile home space. The license tax for 3 ' 4 5 6 7 8 9 III 10 III 11 III 12 III 13 III III III III III III III III III III III III III III III III 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5.09.030 Imposition of tax-Amount. mobile home spaces shall be automatically increased or decreased on January 1st of each year by the same percentage as the percentage of increase or decrease in construction costs between December 1st of each of the two immediately preceding years, for which purpose construction costs and the increase or decrease therein shall be based on the Engineering News-Record Construction Cost Index. The fee adjustment for the July 1, 2010 - June 30, 2011 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the city clerk shall certify the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 29th day of June. 2010, and thereafter PASSED AND ADOPTED at a regular meeting of the Carlsbad City Council on the 13th day of July, 2010, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. APPROVED AS TO FORM AND LEGALITY: RONXLD R. BALL, City Attorney -7//3//0. CLAUD ATTEST: