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HomeMy WebLinkAbout2002-09-17; City Council; Resolution 2002-2791 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 RESOLUTION NO. 2002-279 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE ENGINEER'S REPORT, DECLARING THE CITY'S INTENTION TO INCREASE THE FEES FOR SEWER BENEFIT AREAS C, D, E, AND F (SOUTH AGUA HEDIONDA INTERCEPTOR SEWER). WHEREAS, the City Council of the City of Carlsbad, California, is considering the update and modification of the fees authorized to be levied and collected within Sewer Benefit Areas C, D, E, and F; and WHEREAS, the City Council initially imposed Sewer Benefit Area Fees by Resolution No. 91 -21 in January 1991 ; and WHEREAS, the City Council may update and modify the fees for Sewer Benefit Areas C, D, E, and F 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 Area C, D, E, and F fees which may result from the update and modification of the existing fees is not subject to Article Xlll D of the California Constitution; and WHEREAS, at this time there has also been submitted a Report of the Engineer entitled "Updated Fee Study Report for Sewer Benefit Areas C, D, E, and F (South Agua Hedionda Interceptor Sewer), dated July 19, 2002, hereinafter referred to as "Report", said Report generally setting forth the following: A. Boundary map of area of benefit; 8. 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 Report as submitted by the Engineer and to consider the proposed update and modification of the Sewer Benefit Areas C, D, E, and F fees. 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 NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That this City Council does hereby declare its intentic ICE In to prc ed to wthorize the update and modification of the fees authorized to be levied and collected within Sewer Benefit Areas C, D, E, and F by adopting Ordinance No. ~s-642 for the purpose of inancing the costs and expenses relating to certain public improvements in Sewer Benefit Areas >, D, E, and F. A general description of the improvements to be funded is as follows: The construction of an interceptor sewer consisting of numerous pipeline reaches and the >annon Road Lift Station. The pipeline reaches include a 24-inch diameter gravity flow pipeline in >annon Road from Avenida Encinas east to LEGOLAND Drive (SAH4), a 14-inch diameter orcemain in Cannon Road from LEGOLAND Drive to the Cannon Road Lift Station (SAH3), 3 12-inch diameter gravity flow pipeline in Cannon Road from Cannon Road Lift Station west to Iaraday Avenue (SAH2), a 12-inch diameter and IO-inch diameter gravity flow pipeline in -araday Avenue from Cannon Road east to Camino Hills Drive (SAHT3 A&B), a 24-inch diameter lravity flow pipeline in Cannon Road from Cannon Road Lift Station east to El Camino Real ,SAHI), a IO-inch diameter and 12-inch diameter gravity flow pipeline following the creek to -ake Calavera from El Camino Real (SAHT2 C&B), and an 18-inch diameter gravity flow pipeline llong Agua Hedionda Creek (SAHTI E). The improvements also include right-of-way acquisition :osts, engineering, contract administration, construction engineering, construction inspection, and nitigation measures. The foregoing improvements may be referred to as the “Improvements”. REPORT SECTION 3. The Report, as submitted by the Engineer, is hereby approved and adopted ~y this City Council and shall be kept on file in the Office of the City Clerk and remain open for Iublic inspection. Yl 71 71 71 Page 2 of 4 of Resolution No. 2002-279 1 2 3 4 5 6 7 E 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 boundaries and area of benefit to be charged to pay the costs and expenses of the improvements designated as "SEWER BENEFIT AREAS C, D, E, and F (South Agua Hedionda Interceptor Sewer)" is included as Figure 1 to the Report, and the same is hereby approved and adopted. COST ESTIMATE SECTION 5. 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 $1 1,961,695. COST ALLOCATION SECTION 6. The above fees, as set forth in the Report of the Engineer, shall be applicable to all property within Sewer Benefit Areas C, D, E, and F, except for parcels with existing building permits that are exempt from the fee, and 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 July 1, 2003, according to the Engineering News Record Los Angeles Construction Cost Index with a base year index of 7420 as of April 1, 2002. The City Council further finds that adjusting the fee annually according to this index most accurately reflects the increased construction costs associated with the improvements and that by using this index the fees shall not exceed the reasonable future construction costs and the fees will not be used for general revenue purposes. Ill Ill Ill Ill Ill Ill 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 SECTION 7. For any and all information relating to these proceedings, your attention is 11 directed to the below designated person: WILLIAM E. PLUMMER DEPUTY CITY ENGINEER CITY 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 C, D, E, and F, 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. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 17th day of SEPTEMBER , 2002 by the following vote, to wit: ila, Nygaard, Hall (SEAL) Page 4 of 4 of Resolution No. 2002-279 7