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Home My WebLink About2010-02-16; City Council; Resolution 2010-0261 RESOLUTION NO. 2010-026 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, APPROVING THE ENGINEER'S REPORT, DECLARING THE CITY'S INTENTION TO REVISE 4 THE FEES FOR SEWER BENEFIT AREAS A, B, G, H, I, AND K, AND SETTING THE PUBLIC HEARING TO CONSIDER 5 ADOPTION OF ADJUSTED FEE AMOUNTS. 6 WHEREAS, the City Council initially imposed Sewer Benefit Area Fees by Resolution 7 No. 91-21 in January 1991; and 8 WHEREAS, the City Council updated the fee amount for Sewer Benefit Areas C, D, E, 9 and F by Ordinance No. NS-642 on September 17, 2009, and included the updated fee 10 amounts to Title 13 of the Carlsbad Municipal Code by adding Chapter 13.10.080; and WHEREAS, the City Council updated the fee amount for Sewer Benefit Area H by Ordinance No. NS-699 on April 6, 2004, and included the updated fee amount to Title 13 of the Carlsbad Municipal Code by adding Chapter 13.10.090; and14 WHEREAS, the City Council of the City of Carlsbad, California, is considering the update and adjustment of the fees authorized to be levied and collected within Sewer Benefit Areas A,16 B, G, H, I, and K; and WHEREAS, the City Council may update and modify the fees for Sewer Benefit Areas A,lo 1Q B, G, H, I, and K 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 Areas A, B, G, H, I, and K fees which 22 rnay result from the update and adjustment of the existing fees are exempt from the voter approval requirements of Article XIIID Section 6(c) of the California Constitution (Proposition 24 218, see Richmond v. Shasta Community Services District (2004) 32 Cal 4th 409); and WHEREAS, at this time there has also been submitted a Report of the Engineer entitled "Updated Fee Study Report for Sewer Benefit Areas A, B, G, H, I, and K", dated November 27 28 1 2009, hereinafter referred to as "2009 Engineer's Report", said Report generally setting forth the 2 following: 3 A. Boundary map of area of benefit; 4 B. Description of proposed public improvements; 5 C. Updated estimate of cost for said improvements; 6 D. Method and apportionment for distribution of costs based upon benefits received 7 from the proposed public improvements; and 8 WHEREAS, at this time the City Council of the City of Carlsbad, California, is now ready 9 to approve the 2009 Engineer's Report as submitted by the Engineer and to consider the proposed update and modification of the Sewer Benefit Areas A, B, G, H, I, and K fees. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 12 CARLSBAD, CALIFORNIA, AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. 14 SECTION 2. That Resolution 91-21 is hereby repealed. SECTIONS. 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 Areas A, B, G, H, I, and K by adopting Ordinance No. CS-077 for the 18 purpose of financing the costs and expenses relating to certain public improvements in Sewer 1Q Benefit Areas A, B, G, H, I, and K. A general description of the improvements to be funded is as 20 follows: oi This fee update is only applicable to Sewer Benefit Areas A, B, G, H, I, and K. The sewer 09 facilities include the construction of trunk sewers consisting of numerous pipeline reaches and 23 the Poinsettia Lift Station. For Sewer Benefit Area A, the pipeline reach includes an 8-inch 24 diameter pipeline from Simsbury Lift Station to a point approximately 5,500 feet northeast 25 referred to as reach VCT1C. For Sewer Benefit Area B the pipeline reach includes a 10-inch r\r* diameter gravity flow pipeline approximately 5,000-feet in length referred to as reach NAHT1A. 27 For Sewer Benefit Area "G" the work includes constructing manholes and miscellaneous sewer 28 1 1 improvements on pipeline reach VB2. For Sewer Benefit Area H, the pipeline reaches include a 2 12-inch diameter gravity flow pipeline in Poinsettia Lane from Alicante Road to a point 1,320 feet 3 east referred to as reaches VBT1A, VBT1C, and VBT1D, a 12-inch diameter forcemain from 4 Poinsettia Lift Station to El Camino Real referred to as reach VBT1G and Poinsettia Lift Station. 5 For Sewer Benefit Area I, the pipelines reach VB2 will not be constructed. For sewer Benefit 6 Area K the trunk sewer pipeline reaches NBT3A and NBT3B will not be constructed. 7 The improvements listed above also include costs for right-of-way acquisition, engineering, 8 contract administration, construction engineering, construction inspection, and mitigation 9 measures. 10 REPORT SECTION 4. The Report, titled City of Carlsbad, Updated Fee Study Report for Sewer 12 Benefit Areas A, B, G, H, I, and K dated November 2009, 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. 15 MAP 16 SECTION 5. That a map of the Sewer Benefit Areas A, B, G, H, I, and K showing the boundaries and area of benefit to be charged to for the improvements designated as "SEWER 18 BENEFIT AREAS A, B, G, H, I, and K" is included as Figures 1 through 6 to the Report, and the 1Q same is hereby approved and adopted. 20 COST ESTIMATE 21 SECTION 6. The cost estimate, as set forth in the Report of the Engineer, reflects the 22 total updated estimated costs for the improvements, and the method of fee allocation represents 23 a fair method of allocation of the costs to the area of benefit. The updated estimated cost of the 24 improvements is $3,257,000. 25 COST ALLOCATION SECTION 7. The above fees, as set forth in the Report of the Engineer, shall be 27 applicable to all property within Sewer Benefit Areas A, B, G, H, I, and K except for parcels with 28 1 existing building permits, which are exempt from the fee; said fees shall be payable as a 2 condition of issuing a building permit for the property and portions of the property to be 3 developed. The Benefit Area Fees shall be adjusted annually, effective September 1, according 4 to the change to the Engineering News Record Los Angeles Construction Cost Index (Index) 5 with a base year index as of September 1, 2010. The City Council further finds that adjusting the 6 fee annually according to this Index most accurately reflects the increased construction costs 7 associated with the improvements and that by using this Index the fees shall not exceed the 8 reasonable future construction costs and the fees will not be used for general revenue 9 purposes. 10 SECTION 8. For any and all information relating to these proceedings, your attention is 11 directed to the below designated person: 12 WILLIAM E. PLUMMER 13 DEPUTY CITY ENGINEER CITY OF CARLSBAD 14 1635 FARADAY AVENUE CARLSBAD, CA 92008 & TELEPHONE: (760) 602-2768. 1R At least fourteen (14) days prior to the public meeting to consider approval of the increase in fees for Sewer Benefit Areas A, B, G, H, and I, staff will mail written notice of the time 18 and place of the public meeting, including a general explanation of the matter to be considered 19 to any interested party who files a written request with the City for mailed notice of the meeting 20 .on increased fees. 21 SECTION 9. The public hearing to consider adoption of the Sewer Benefit Areas A, B, 22 G, H, I and K fee increase shall be held on March 9, 2010 at the Council Chambers of the City of 23 Carlsbad. 24 SECTION 10. This action approving the Engineer's Report, declaring the City's intention 25 to revise the fees for Sewer Benefit Areas A, B, G, H, I, and K, and setting the public hearing to 26 consider adoption of adjusted fee amounts is exempt from the California Environmental Quality 27 28 \\ 1 Act (CEQA) pursuant to CEQA Guidelines Section 15273(a) (4) and based on the following 2 findings required by CEQA Guidelines Section 15273(c): 3 1. All pipelines, whether existing or proposed, are capital projects and are shown in the 4 current Sewer Master Plan Update adopted in 2003. Further, the pipelines were 5 considered in the Program Environmental Impact Report certified for the Sewer Master 6 Plan Update. 2. Fee program modifications are necessary to (1) maintain service within existing service areas through construction of sewer lines and system upgrades and maintenance, and (2) reflect adjustments to the fee program based on, among other things, completed land development that has reduced anticipated development densities and sewer capacities 11 previously anticipated to be inadequate that instead have been determined sufficient, 1")thereby eliminating the need to construct some sewer facilities. 13 14 /// 15 /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 25 26 27 28 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 16th day of February, 2010, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard, Blackburn NOES: None ABSENT: None ATTEST: LORRAINE Mr-WQ0D, Gtfy Clerk Karen R. Kundtz, Assistant City Clerk (SEAL)