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HomeMy WebLinkAbout2011-06-28; City Council; 20613; AMENDMENT CODE ESTABLISH SEWER CAPACITY FEES TAXCITY OF CARLSBAD - AGENDA BILL U- AB# 20,613 MTG. 6/28/11 DEPT. CLERK AMENDMENT TO CARLSBAD MUNICIPAL CODE TO ESTABLISH SEWER CAPACITY AND SEWER BENEFIT AREA FEES LOCAL DRAINAGE FEES, AND MOBILE HOME LICENSE TAX FEES DEPT. DIR. ¥%ft CITYATTY. ' ; CITY MGR. RECOMMENDED ACTION: Adopt Ordinance No. CS-150. amending the Carlsbad Municipal Code by the amendment of: Section 13.10.030, to establish the sewer capacity fee for use of the city sewer system and Encina Treatment Plant; and Section 13.10.080, to establish the sewer benefit area fee for use of the city's South Agua Hedionda Interceptor Sewer; and Section 13.10.090, to establish the sewer benefit area fee for use of the city's sewer facilities in Sewer Benefit Area H; and Section 15.08.040(b), to establish the Planned Local Drainage Area Fee to be paid prior to issuance of any building or occupancy permit; and Section 5.09.030(b), to establish the license tax fee to be paid for each mobile home space. ITEM EXPLANATION: Ordinance No. CS-150 was introduced and first read at the City Council meeting held on June 21, 2011. This Ordinance adjusts the fees specified above by the appropriate inflation index for one year only and omits the inflationary adjustment that would have applied for the previous two years. The Council should satisfy itself that this accurately reflects its intention in this increase. 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 #20,600 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 in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require an environmental review. EXHIBITS: 1. Ordinance No. CS-150. DEPARTMENT CONTACT: Karen Kundtz 760-434-2808 Karen.Kundtz@carlsbadca.gov D FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF SEE MINUTES Dn 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. CS-150 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(b) and 5.09.030(b) NOW, THEREFORE, the Cityfcouncil of the City of Carlsbad ordains as follows: SECTION 1: That section 13. uhsStLofthe Carlsbad Municipal Code is amended to read as follows: 13.10.030-Sewer capacity! Except as provided, every the Encina treatment Plant shall p; sewer cap^ity fee per equivalent shall be asfset from time to time by a Thl sewej>eap3city fee shall Council w the xjfcrcenta^e change i Construcfon Cdst Index witVthe base .to ee -EncinVi Treatment Pi erson who^ishes to usi the citymrior to the Celling unitWThe ami olution of the CitWCouncil. adjusted ananally by a the Enginrerin x in effect in D system and wer permit, a 'er capacity fee in solution of the City •s Record Los Angeles er 2003, except that the Tn this adjustment. struction fund and shall be n 13.10.080 of tie larlsbad Municipal Code is amended 30, 2011 shall not be counj hall be placed in the sewer nts of such system. Sewer benefit area Excipt as provided, every oenVrT who wishes to use the city's South Agua Hedl\nda ln\rceptor Sewer shalLaiO^ tne city, prior to the issuance of a sewer permit, a sewentenefitwrea fee of one thotfeald six hundred fifteen dollars per equivalent dwelling unit for sawerVenefit area C; oneViousand six hundred eighteen dollars per equivalent dwelling uniSforeewer benett area D; two thousand three hundred eighty-six dollars per equivalent dweKwa unit f°^^^i benefit area E; and two thousand three hundred ninety- nine dollars per ^|uiva(eittflfwWing unit for sewer benefit area F.The fee established by this section shall appw to%yjllding permits issued thirty days following adoption of this section for residentiaidftfe^bpments, and commercial and industrial buildings. The sewer bwrefitwwea fees shall be adjusted annually effective July 1, according to the Engineering New^Record Los Angeles Construction Cost Index with a base year index reported on April i of each year with a base year index of 7500, except that the period from July 1, 2009 to June 30, 2011 shall not be counted in this adjustment. SECTION 3: That section 13.10.090 of the Carlsbad Municipal Code is amended 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 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 benefit area H.Tfte 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 the annual change to the Engineering News Record Los Angeles Construction Cost Index with a base year index of April 1, 2004, except that the period from July 1, 2009 to June 30, 2011 shall not be counted in this adjustment. SECTION 4: That section 15.08.040^b) of the Carlsbad Municipal Code is amended to read as follows: 15.08.040 Fee. (b) A planned local drainage are\fee sha\ be paid by tH| owner or developer prior to the issuance of any building permit™- occup\ncy permit orjprior to final or parcel map approval for a project, whichever occurV first. TnV planned lofal drainage area fees shall be adjustedyihnually based upon the\uly, 200\ Enginednng News Record Los Angeles Construction Cost Index of 9335.69 barai on thel(|967^erage = one hundred, except that the /eriod from fyiy- ]_?nna to Ju\ 30, 2011 slrall not be counted in this adjustment. SECTION 5: That sfection 5.09.0\)(b) of the Carlsbad Municipal Code is amended to reaaas follows:] \ 5.09.030 iVipositionbf tax-Ampul (b) The dV^eloper or a mobile rpme park shall pay a license tax fee of one thousand one hundreW fifty dollars for cad/mobile home space. The license tax for mobile home aoaces shall be\utomatiaally increased or decreased on January 1st of each year by the sane percentages the peh»a*fage of increase or decrease in construction costs between D^ember 1st orVach of the two immediately preceding years, for which purpose constructionNcpsts and tnV increase or decrease therein shall be based on the Engineering Ne^s-Record Construction Cost Index. Except that the period from July 1, 2009 to June 30,^10 shall nc\be counted in this adjustment. 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. 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 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 21st day of June 2011, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of , 2011, by the following vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY: RONALD R. BALL, City Attorney MATT HALL, Mayor ATTEST: LORRAINE M. WOOD, City Clerk All Receive-Agenda Item # / £> CITY OF For the Information of the: '/~ ADI CD AH CITY COUNCIL L-AKLODAU Asst.CM__CA CC ^?t^~y_$L_L City Manager Memorandum June 27, 2011 To: City Manager From: Senior Deputy Clerk Via: City Clerk Re: REVISED AGENDA BILL ADOPTING ORDINANCE NO. CS-150 - AGENDA ITEM NO. 7 Agenda Bill No. 20,613 adopting Ordinance No. CS-150, was revised by the City Attorney after it was written by the Assistant City Clerk. Unfortunately, the revised Agenda Bill was not included in the published agenda packet for the June 28, Council meeting. The City Attorney added two sentences regarding fee adjustments (highlighted)to the Item Explanation section of the Agenda Bill. Attached is the revised and correct Agenda Bill recommending that Council adopt Ordinance No. CS-150. Attachment natP- G/SCI fli Distribution: City Clerk Asst. City Clerk Deputy Clerk Book City Hall 1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2820 I 760-720-9461 fax I www.carlsbadca.gov