HomeMy WebLinkAbout2011-06-28; City Council; 20613; AMENDMENT CODE ESTABLISH SEWER CAPACITY FEES TAXCITY OF CARLSBAD - AGENDA BILL
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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WITHDRAWN D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
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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
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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.
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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