HomeMy WebLinkAbout2004-03-09; City Council; Resolution 2004-0811
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RESOLUTION NO. 2004-081
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 AREA H, AND SETTING THE PUBLIC
HEARING TO CONSIDER ADOPTION OF INCREASED FEE.
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 Area H;
and
WHEREAS, the City Council initially imposed Sewer Benefit Area Fees by Resolution No.
31 -21 in January 1991 ; and
WHEREAS, the City Council may update and modify the fees for Sewer Benefit Area H by
a two-thirds approval of an ordinance consistent with Health and Safety Code Section 5471 and
Government Code Sections 6601 3 and 6601 6; and
WHEREAS, any increase in the Sewer Benefit Area H fees which may resultfrom 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 Area H”, dated January 2004, hereinafter referred
to as “Report”, said Report generally setting forth the following:
Boundary map of area of benefit;
Description of proposed public improvements;
Updated estimate of cost for said improvements;
Method and apportionment for distribution of costs based upon benefits received
A.
B.
C.
D.
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 Area H fees.
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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 intention to proceed to
authorize the update and modification of the fees authorized to be levied and collected within
Sewer Benefit Area H, by adopting Ordinance No. NS-699 for the purpose of financing the
costs and expenses relating to certain public improvements in Sewer Benefit Area H. A general
description of the improvements to be funded is as follows:
This fee update is only applicable to Sewer Benefit Area H, which is tributary to the
Vallecitos Interceptor Sewer. The sewer facilities include the construction of an interceptor sewer
consisting of numerous pipeline reaches and the Poinsettia Lift Station. The pipeline reaches
include a 12-inch diameter gravity flow pipeline in Poinsettia Lane from Alicante Road to a point
1,320 feet east (VBT1 A, VBTlC, and VBTlD), a 12-inch diameter forcemain from Poinsettia Lift
Station to El Camino Real (VBT1 G), a 12-inch diameter and 1 0-inch diameter gravity flow pipeline
in Alicante Road north 2,256 feet (VBTIE), and an 8-inch diameter gravity flow pipeline in
Alicante Road from Poinsettia Lane south to Lapis Road (VBT1 F). The improvements also include
right-of-way acquisition costs, engineering, contract administration, construction engineering,
construction inspection, and mitigation measures.
REPORT
SECTION 3. The Report, titled City of Carlsbad, Updated Fee Study Report for Sewer
Benefit Area H, January 2004, as submitted by the Engineer, is hereby approved and adopted by
this City Council and shall be kept on file in the Office of the City Clerk and remain open for public
inspection.
MAP
SECTION 4. That a map of the Sewer Benefit Area H, showing the boundaries and area
of benefit to be charged to pay the costs and expenses of the improvements designated as
"SEWER BENEFIT AREA H" is included as Figure 1 to the Report, and the same is hereby
approved and adopted.
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Ill Resolution No. 2004-081 page 2
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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 $3,257,000.
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 Area H, 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 September 1, according to the change to the
Engineering News Record Los Angeles Construction Cost Index (Index) with a base year index as
of April 1, 2004. 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.
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Resolution No. 2004-081 page 3
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SECTION 7. For any and all information relating to these proceedings, your attention is
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 Area H, 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.
SECTION 8. The public hearing to consider adoption of the Sewer Benefit Area H fee
increase shall be held on April 6, 2004 at the Council Chambers of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Couqil
held on the 9th dayof March ,2004 by the following vote, to wit:
'-._
AYES: Council Members Lewis, Finnila, Kulchin, Hall, and Packard
ATTEST
LmAIN M. WOOD, City Clerk B
Resolution No. 2004-081 page 4
(SEAL)