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HomeMy WebLinkAbout2022-11-08; City Council; ; Setting Public Hearing Date for New Hydraulic Modeling FeesCA Review CKM Meeting Date: Nov. 8, 2022 To: Mayor and City Council/President and Board Members From: Scott Chadwick, City Manager/Executive Manager Staff Contact: Dave Padilla, Utilities Engineering Manager dave.padilla@carlsbadca.gov, 442-339-2356 Shoshana Aguilar, Senior Management Analyst shoshana.aguilar@carlsbadca.gov, 760-814-0241 Subject: Setting Public Hearing Date for New Hydraulic Modeling Fees Districts: All Recommended Actions 1.Adopt a resolution of the City Council of the City of Carlsbad setting Dec. 6, 2022, as the date for a public hearing regarding adopting fees for hydraulic modeling services for the wastewater collection system. 2.Adopt a resolution of the Board of Directors of the Carlsbad Municipal Water District setting Dec. 6, 2022, as the date for a public hearing regarding adopting fees for water and recycled water system hydraulic modeling. Executive Summary The potential hydraulic impacts on utility systems resulting from proposed development projects are evaluated by a hydraulic modeling consultant using a computer model of a utility pipe network. The current practice for development project reviews is to have the developer’s hydraulic modeling consultant conduct the analysis, often using simplified and uncalibrated or outdated computer models that do not adequately characterize a project’s impacts on water and recycled water and wastewater systems. The Utilities Department staff now have the capability to conduct hydraulic modeling using the services of an independent consultant and an updated and calibrated hydraulic model of the water distribution system. This is necessary to identify and mitigate the potential hydraulic impacts on utility systems resulting from development projects. Staff are recommending establishing a new set of service fees to charge developers for hydraulic modeling and staff review expenses. If the City Council and the Carlsbad Municipal Water District (CMWD) Board of Directors1 wish to charge such fees, both entities would first need to schedule public hearings on the matter in 1 The CMWD Board approved the water-related fees contained in the city’s Master Fee Schedule through Resolution No. 1674 on June 14, 2022. Nov. 8, 2022 Item #2 Page 1 of 10 JOINT CI TY c,o u NCIL AND CARLSBAID ,MUNICI PA l WATER DISTRI CT Staff Report accordance with California Government Code sections 66016-66019, which set the procedures for governments to adopt various fees. Resolutions scheduling a public hearing to consider the recommended options for both the city and the CMWD are included as Exhibits 1 and 2. Discussion Background The potential hydraulic impacts on utility systems resulting from proposed development projects are evaluated by a hydraulic modeling consultant using a computer model of a utility pipe network. This model predicts pipe flow velocity and pressure under the added hydraulic demands of development projects. As described in the city’s engineering standards, new developments may be required to conduct hydraulic analyses and produce impact studies to determine system capacity and any improvements needed to meet a project’s demands. The cost of this analysis should be borne by the developers creating the need. The current practice for reviewing development projects is to have the developers’ hydraulic modeling consultant conduct the analysis, often using simplified and uncalibrated or outdated computer models that do not adequately characterize a project’s hydraulic impacts. However, the analyses currently conducted by consultants do not account for recent changes to the water system resulting from development, or from the city and water district’s capital improvement projects. These models are no longer deemed reliable to adequately assess the hydraulic impacts of proposed development projects and to identify pipe segments that may require the developer to increase the capacity of a pipe to accommodate the new flow. Updated model of system The new hydraulic model of the potable water distribution system was built by Innovyze, a leading software developer in the water industry, using CMWD’s GIS-based pipe network. The model was calibrated by Kennedy Jenks, the CMWD’s hydraulic modeling consultant, using system-wide hydraulic demands from metered water consumption data. The cost to build and calibrate the hydraulic model is an operational cost and is not included in the proposed fees. This new model will provide confidence in the analysis of the water distribution system’s capacity in identifying any improvements needed to convey potable water to development sites, in accordance with the city’s engineering standards and California’s Subdivision Map Act, which gave local agencies control over subdivisions. Staff propose to task the consultant with modeling the hydraulic demands of new developments based on each project’s development density and type, the water generation factors contained in the Water Master Plan and fire flow requirements of adopted city fire codes and standards. This will ensure an unbiased analysis of the potential hydraulic impacts using the latest water distribution system model. The analysis will be able to identify any pipe segments that cannot meet the required hydraulic design criteria, which are flow rate and pressure, due to deficient pipe diameters or inadequate water system redundancy. By establishing a new set of service fees, staff will be able to charge developers for the hydraulic modeling and staff review expenses. The independent hydraulic modeling consultant would bill the Utilities Department or Carlsbad Municipal Water District directly, and the actual costs for consultant fees would be passed on to the developer. The proposed fee would include Nov. 8, 2022 Item #2 Page 2 of 10 staff time for review and processing of the consultant’s work at rates established in the most recent City Council approved cost-of-service study. Basis for potable water modeling fee The cost to conduct hydraulic modeling varies with the size of a project and the complexity of the water system, and staff recommend recovering the cost based on the consultant’s actual billings. Maintaining the model with the help of a contracted consultant to reflect changes in the water distribution system would ensure reliability, quality and confidence in the modeling results. The end results are that developers can have their projects approved with confidence that their water demands will be met and that deficient pipe segments would be replaced when hydraulic impacts are identified, in compliance with CMWD Ordinance No. 47,2 the city’s engineering standards and the Subdivision Map Act. A companion processing fee could also be established for staff time to review consultant work. At present, staff costs for water hydraulic modeling or review are not recovered by development review fees. The proposed processing fees, described in more detail below, are based on the city’s most recent cost-of-service study, which was adopted by the City Council in 2021. Staff review of hydraulic modeling results ensures that no project moves forward without available water system capacity for the proposed development. Basis for recycled water and wastewater modeling fees There is currently no need for recycled water hydraulic modeling because the distribution system is in its final stages of build-out in accordance with the Recycled Water Master Plan and the associated hydraulic modeling. The recycled water distribution system has fewer customer connections and smaller demands than the potable system’s domestic and firefighting demands. The fee structure established by the recommended action will apply when hydraulic modeling is necessary to evaluate recycled water demands not previously evaluated in the Recycled Water Master Plan. Wastewater hydraulic modeling also involves a complex pipe network and evaluation of sewer generation rates and, with the exception of capital improvement project design, is currently performed by a developer’s consultant. While the Utilities Department does not currently charge for wastewater hydraulic modeling by the city’s consultant, staff propose to establish this fee at the actual cost to evaluate new developments or those that propose a zoning change or higher development density that differs from the Sewer Master Plan, as updated in 2019, that would result in increased rates of sewer generation. A processing fee will also be established for staff time to initiate consultant tasks and review their work. Proposed fee structure This proposed fee structure is similar to the Community Development Department’s fees for “third party review-consultant cost,” which is billed at actual cost and can be found in the fiscal year 2022-23 Master Fee Schedule. A processing fee will be charged for each third-party review for determination of modeling scope, engineering review and processing consultant billings. 2 CMWD Ordinance No. 47 defined and established the prices and conditions of water delivery, and provided the method of establishing and fixing rates and charges for water delivered and for the extension of CMWD’s facilities. Nov. 8, 2022 Item #2 Page 3 of 10 These fees will apply when new or increased hydraulic demands not previously accounted for in City or CMWD master plan studies or system hydraulic models are proposed. Fee Name Fee type Notes Hours at rate Fee/deposit Third-party hydraulic modeling- consultant cost per project 1, 4 Actual Cost Water System pressure check each 2 1.5 at $217 $326 1-4 units residential and commercial > 9,400 square feet per project 2, 3 3 at $217 $651 All others per project 2, 3 5.0 at $217 $1,085 Recycled water System pressure check each 2 1.5 at $201 $302 1-4 units residential and commercial greater than 9,400 square feet per project 2, 3 2.5 at 201 $503 All others per project 2, 3 5.0 at 201 $1,005 Wastewater 1-4 units residential and commercial greater than 9,400 square feet per project 2, 3 2.0 at 191 $382 All others per project 2, 3 4.0 at 191 $764 [1] Set by city policy [2] Set by 2021 Cost-of-Service Study [3] Staff cost is in addition to actual consultant billings [4] Total fee will reflect actual consultant billings Other cities and water agencies also charge developers for hydraulic modeling. In some cases, deposit accounts are used, and costs for third party modeling and engineering staff review may be withdrawn from the accounts. The table below shows how some other agencies bill: Agency Fee Fee basis City of Oceanside Varies, $2,626 to over $10,662 Based on number of units Ramona Municipal Water District $2,000 Deposit plus time and materials San Dieguito Water District (Encinitas) $1,000 Deposit plus time and materials Vallecitos Water District (San Marcos and a portion of Carlsbad) $600 to $2,500 Deposit plus time and materials Vista Irrigation District $1,140 Flat fee Nov. 8, 2022 Item #2 Page 4 of 10 Options Staff provide the following options for consideration by the City Council and the CMWD Board: 1. Schedule a public hearing to consider adopting hydraulic modeling fees Pros • Provides a mechanism for cost recovery of consultant hydraulic modeling costs and staff costs for review and processing • Will allow for an independent evaluation of hydraulic impacts resulting from development projects using the latest, calibrated hydraulic model • Conforms with the process described in the city’s engineering standards for development project review and processing • Should decrease staff time for review of hydraulic studies and the number of submittal iterations for developers Cons • Developers will have to familiarize themselves with a new process • Developers will be billed for the Utilities Department staff’s time 2. Do not schedule a public hearing to consider adopting hydraulic modeling fees Pros • Developers will continue to contract directly with a consultant for hydraulic modeling services Cons • Does not provide a mechanism to recover staff costs for review and processing of hydraulic studies • Costs for review and processing of hydraulic studies are not borne by the developer • Continues the iterative review process for staff review of studies that does not conform with the city’s engineering standards • Hydraulic studies will continue to use models that do not adequately characterize potential impacts on utility systems resulting from development projects Staff recommend Option 1 for the City Council’s and the CMWD Board’s approval. Fiscal Analysis There will be no net revenue or expense associated with the consultant cost, as that fee will reimburse the city and the CMWD at actual cost. Staff time will be recovered at the full cost of service which includes direct and indirect costs as calculated in the city’s most recent cost-of- service study. Based on past reviews, staff estimate up to 50 hydraulic modeling results could be reviewed each year. Based on historical trends, if the City Council and the CMWD Board adopt the hydraulic modeling fees, annual revenue is estimated at $48,800, which would be routed to the operating fund responsible for hydraulic modeling costs. These fees may offset project costs in water, recycled water or wastewater. Nov. 8, 2022 Item #2 Page 5 of 10 Next Steps If the City Council and the CMWD Board wish to consider adopting the hydraulic modeling fees as recommended by staff and approve the resolutions in Exhibits 1 and 2, a public hearing on the matter will be held at the joint City Council/CMWD Board meeting at 5:00 p.m. on Dec. 6, 2022. If the City Council and the CMWD Board adopt the fees, they will go into effect no sooner than 60 days after adoption, in accordance with California Government Code Section 66017. Environmental Evaluation This action does not constitute a project within the meaning of the California Environmental Quality Act under Public Resources Code section 21065 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. Public Notification This item was noticed in accordance with the Ralph M. Brown Act and it was available for public viewing and review at least 72 hours prior to the scheduled meeting date. Exhibits 1.City Council resolution 2.CMWD Board resolution Nov. 8, 2022 Item #2 Page 6 of 10 RESOLUTION NO. 2022-254 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, SETTING A PUBLIC HEARING FOR 5 P.M. ON DEC. 6, 2022, TO CONSIDER ADOPTING FEES FOR WASTEWATER COLLECTION SYSTEM HYDRAULIC MODELING SERVICES TO THE CITY'S MASTER FEE SCHEDULE WHEREAS, the City Council received a report from staff on hydraulic modeling services on Nov. 8, 2022; and WHEREAS, staff have proposed the City Council add fees for wastewater collection system hydraulic modeling services to the City of Carlsbad Master Fee Schedule; and WHEREAS, the City Council has determined it is in the public interest to consider adopting the proposed fees;and WHEREAS, before determining whether to adopt the proposed fees, California Government Code Sections 66016-66019 require the City Council to schedule and hold a public hearing to receive oral and written comments on the proposed fees. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1.That the above recitations are true and correct. 2.That the public hearing to consider adding fees for wastewater collection system hydraulic modeling services to the City of Carlsbad Master Fee Schedule will be held at the City Council meeting on Tuesday, Dec. 6, 2022, at 5 p.m. 3.That the City Clerk is directed to provide notice of the public hearing in the manner required by California Government Code Sections 66016-66019. Exhibit 1 Nov. 8, 2022 Item #2 Page 7 of 10 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 8th day of November, 2022, by the following vote, to wit: AYES: NAYS: ABSENT: Hall, Blackburn, Bhat-Patel, Acosta, Norby. None. None. MATT HALL, Mayor -r--FAVIOLA MEDINA, City Clerk Services Manager (SEAL) Nov. 8, 2022 Item #2 Page 8 of 10 ---1:::::::::::fjfy RESOLUTION NO. 1686 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT OF THE CITY OF CARLSBAD, CALIFORNIA, SETTING A PUBLIC HEARING FOR 5 P.M. ON DEC. 6, 2022, TO CONSIDER ADOPTING FEES FOR WATER AND RECYCLED WATER SYSTEM HYDRAULIC MODELING SERVICES TO THE CITY OF CARLSBAD MASTER FEE SCHEDULE WHEREAS, the Board of Directors of the Carlsbad Municipal Water District approved the water­ related fees contained in the City of Carlsbad Master Fee Schedule through Resolution No. 1674 on June 14, 2022; and WHEREAS, the Board of Directors received a report from staff on hydraulic modeling services on Nov. 8, 2022; and WHEREAS, staff have proposed the Board of Directors add fees for water and recycled water system hydraulic modeling services to the City of Carlsbad Master Fee Schedule; and WHEREAS, the Board of Directors have determined it is in the public interest to consider adopting the proposed fees; and WHEREAS, before determining whether to adopt the proposed fees, California Government Code Sections 66016-66019 require the Board of Directors to schedule and hold a public hearing to receive oral and written comments on the proposed fees. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Carlsbad Municipal Water District of the City of Carlsbad, California, as follows: 1.That the above recitations are true and correct. 2.That the public hearing to consider adding fees for water and recycled water system hydraulic modeling services to the City of Carlsbad Master Fee Schedule will be held at the Carlsbad Municipal Water District Board meeting on Tuesday, Dec. 6, 2022, at 5 p.m. 3.That the Secretary is directed to provide notice of the public hearing in the manner required by California Government Code Sections 66016-66019. Exhibit 2 Nov. 8, 2022 Item #2 Page 9 of 10 PASSED, APPROVED AND ADOPTED at a Special Meeting of the Board of Directors of the Carlsbad Municipal Water District of the City of Carlsbad on the 8th day of November, 2022, by the following vote, to wit: AYES: NAYS: ABSENT: Hall, Blackburn, Bhat-Patel, Acosta, Norby. None. None. MATT HALL, President � FAVIOLA MEDINA, City Clerk Services Manager (SEAL) Nov. 8, 2022 Item #2 Page 10 of 10