HomeMy WebLinkAboutOrd 2014-3314 ORDINANCE NO. 3314
ORDIIvANCE OF THE CITY OF CHtiL.A VISTA
AME?��DI?vG: (I) CHULA VISTA MUNICIPAL CODE
SECTIO?�' ]3.14.090 (SEWER CAPACITY CI-LARGE); (II) THE
CITl"S h4ASTER FEE SCHEDULE (CH.APTER 12 — SE��R
FEES); AI�'D (ll[) THE CIT1"S SUBDNISIOiv MAI�TIJ.4L
(SECTION 3-300 — SE�'ER DESIGN CRITERLA), TO n40DIFY
THE SEWER CAPACITl' CHARGE AND THE
V✓ASTEV��ATER LT?�'I7 GENERATION RATES
WZIEREAS, in �4azch of 198�. the Engineerine Deparzment prepared a studv
titled. "Sewerage Facilitv Panicipation Fee Stud��-Modified ?�4arch 198�." The purpose of
this smd�° «as to in��estieate the feasibilit�� of establishine a capacit}� fee that would be
applicable to all ne�a� sewer connections to the Cit}�`s sewer collection svstem; and
\V'HEREAS, upon completion. this stud}� recommended amone other thines; the
establishment of a sewerage capacit}� charee that �rould be adjusted on an annua] basis to
reflect changes in construction costs (sugaested basis: Engineering ?�eH-s Record
Construction Inde� most applicable to Jul�� 1 of each ��ear); and
V�'Z-IEREAS, on April 2, 198�, City Council b}� Ordinance I�'o. 2107, approved the
establishment of the se�verage facilit�� panicipation fee, now referred to as the sewerage
capacity charee: to enable the citizenn� to be repaid for their initial investment and to
facilitate the development of Chula Vista. At that time, the fee �+-as set to be $300 per
Equivalent Dwellino Unit (EDU); and
W7IEREAS. the Citv of Chula Vista alone �ti�ith founeen other asencies that belone to
the Metro S��stem. sends its floH� to the Cit�� of San Dieeo's Point Loma �l'astewater
Treatment Plant for handlina of the seti�ase: and
WHEREAS. in anticipation of the si�ificant costs of up�adine the Point Loma
V�'aste�+�ater Treatment Plant to a secondan� treatment facilit��. for ���hich the Citv of Chula
Vista as ��ell as other participating aeencies, H�as liable. Council on A4a.� �, 1957. appro�ed
Resolution No. li004 and Ordinance I�'o. 2002 increasing the se���erage capacit}� charee from
�300 to �600: and
WHERE.AS, in 1989 follo�+�ine the adoption of the Clean V�'ater Act, the
Environmental Protection Aeenc�� (EPA) directed the Citv of San Dieso to uperade the
plant to a secondarv treatment facilit��. Since Federal funds ��ere not anticipated to be
a��ailable for the required up_rades at that time and the cost of bringing the plant into
compliance seemed to be faz �eater than ���hat ���as originall�- anticipated in 1987. Council on
October 17, 1989 approved Resolution Nos. 1�3�2 and 1�3�2A. These resolutions
increased the se���eraee capacit�� chaz2e to �2.000. pending the completion of various studies
being conducted at that time to determine the impact of upgradine the treatment plant; and
Ordinance No. 3314
Page No. 2
VdHEREAS, on October 9, 1990. City Council. by Resolution No. 1�894. further
increased the se�ver participation fee to $2.220 to enable the Cit}� to meet its obli�ation to
the Metro S��stem for the upgrade of the treatment plant: and
VdHERE.AS. on 1�9arch 18.2003. Citv Council. bv Ordinance No. 2900. further
increased the sewer participation fee to $3,000 to enable the Cit�� to acquire additional
capacity rights in the Metro S��stem and co��er the costs associated with the significant
increment in A4etro expenditures and improvements required to adequately sen�ice the Cit�-`s
ero���th: and
VIHEREAS, on A9a�� 10. Z00�, City CounciL bv Ordinance No. 3007, further
increased the seti�er participation fee to �3,478 to allocate resources for the acquisition of
additional capacit}� rights in the 1�9etro Svstem and co��er the costs associated ��ith the shon-
term and lon�-term se��er capacity needs of the City; and
A'HEREAS; Chula Vista currently has capacity rights in the Metro SeN�er Svstem
to cover gro��th for the nezt few years. This capacity was acquired with funds eenerated
by the seweraee capacity charge that eaisting residents paid ���hen they made their
connection to the City`s sewer system. If reserved capacity in the Metro Se�i-er System
had not been purchased, new residents would either have not been permitted to build, or
�vould have been required to pa}� for the acquisition of additional treatment capacity. Instead,
new residents are permitted to make use oFthe reserved capacity held by the City; and
WHEREAS, the moditication of the sewerage capacity charge, applicable to all
new sewer connections. is proposed as a means of recuperating the cost of reserve capacit}�
and also maintain a fund that will fund the acquisition of additional capacity and subsidize the
cost of the necessary seN�er improvements that will benefit all City residents; and
WHEREAS; consistent with California Government Code Sections 66000. e1 seq.,
the Citv Counci] recentiv caused a studv to be conducted to reanalvze and reevaluate the
impacts of development on the Cit�-'s sewer system, the adequac}� of the existing
��aste�-ater collection system to sustain the long-term groN2h of the City, and further re-
evaluate and reanalyze the Se���er Capacih� Chazge and V�'astewater Generation Rate
necessary to pay for the se���er facilities, which study ���as prepared by Infrastructure
Engineering Corporation, Inc. and is entitled, "City of Chula Vista VJastewater Collection
Master Plan" (the "Plan"); and
N�HEREAS, the Plan will also assist the City in budgetin� for Capital
Impro��ement Projects (CIP). allocatine resources for the acquisition of additional sewaee
capacity and determinin� the shon and lon_-term sewer capacit}� needs of the City and the
Plan ad��ises the City to implement the "Incremental Capacity Eapansion ' method, which is
to allow new users to pay fully for the additional facilities without imposing a burden on
esisting customers. This modification ���il] be needed to keep up with inflation to prevent
the Sewerase Capacit�� Char�e from fallin� behind the costs of constructi�e ne�� facilities; and
Ordinance No. 3314
Page No. 3
��HEREAS. w�asteH�ater unit �eneration rates are used to estimate ��asteti�ater floH�
projections and determine infrastructure impro��ements requued to seme existing and
future development needs. This forms the basis of the Sewera�e Capacit} Chazee; and
WZ-IEREAS. the Plan supports and staff recommends to modifi�ne the H�asteH�ater
unit eeneration rate from 26� �allons per daJ� per equivalent d�vellinQ unit (GPD/EDU) to
230 GPD/EDU: and
W�RE.4S, utilizine the "Incremental Capacity E�:pansion' method as the basis of
the modification, the Plan supports and staff recommends the Se�i�eraQe Capacit}� Charee be
modified from �3,478 per Equivalent D���ellino Unit to S3,4�0 per Equi��alent Dwelline
linic: and
R�HEREAS, the Citv Council has determined that the amount of the chazee le��ied b��
this ordinance does not exceed the estimated cost of pro��iding the public facilities; and
A�HEREAS, the Cit�� Council does herebv find that the Se��er Capacit}� Chazee
herein imposed is for the purpose of obtaining funds for capital projects necessarv to
maintain sen�ice ���ithin e�isting ser��ice areas. The proposed activit�� does not invol��e am�
commitment to anv specific project �i�hich ma�� result in a potentialh- si�ificant physical
impact on the em�ironment. Therefore, the Cit�� finds that the adoption of this ordinance
is statutoril�� exempt under the provisions of CEQA Guidelines Section li060(c)(3); and
A'HEREAS, Chula Vista ]�9unicipal Code section li.14.090 authorizes the imposition
of the Sewer Capacit�• Charee; and
�'HEREAS. Cit�- staff recommends that section 13.14.090 be amended in
accordance with the Plan. to pro��ide for annual adjustments to the Se��er Capacity Chazoe in
order to adjust the charge each October lst. based on the Eneineerine News-Record
Construction Cost Index. for the L,os An�eles area: and
W"HERE.4S. the Cit�� s esisting se��er capacity chazee is set fonh in the Cit��'s
Master Fee Schedule, in Chapter 12, '`Se���er Fees," and staff recommends that the Master
Fee schedule be amended as necessary to reflect the adopted se���er capacit�� chazee for Fiscal
1'ear 2014/201�. as presented to the Cit�� Council; and
\'�'HERE.AS. the Citds e�istina waste���ater unit eeneration rates are set forth in
the Cin� s Subdirision Manual. in Section 3-300. "Se�ver Desien Criteria�" and staff
recommends that the Subdi��ision A9anual be amended as necessan� to reflect the adopted
���aste�t�ater unit eeneration rates. as presented to the Cit�� Council.
\'OW. THEREFORE. the Citv Council of the Cit�� of Chula Vista does ordain as
follo�i�s:
Ordinar�ce Wo. 3314
Page No. 4
Section 1. Findings
The City Council finds that the collection of the sewerage capacit�� charge, established
by Ordinance No. 2107; at the time the building permit is issued is necessan�. This will
ensure that funds wil] be available for the acquisition of capacit}� rights in the Metro
System. construction improvements to enhance capacit}� in the Cit}'s sewer system and to
pa�� for the treatment of se�s�a��e; and
The Citv Council finds that de��elopers of land within the Cit}� should be required
to mitigate the burden created bv development throu_h the pa�Tnent of a fee to finance a
de��elopment's appropriate portion of the total cost of the sewer impro��ements, seN�age
treatment and capacity rights in the Metro Svstem; and
The Citv Council finds that the leeislative findings and determinations set forth in
the ordinance referred to in the above recitals continue to be true and correct: and
The City Council finds; afier consideration of the evidence presented to it, that
the increase of the Sewer Capacity Charge, induding providing for an annual update to the
charee based on the ENR Construction Cost Index. and Waste���ater Generation Rates is
necessazy in order to assure adequate se���er ser��ice to the Cit}; and
The City Council finds, based on the evidence presented at the meetin� and the
information received by the Cit�� Council in the ordinary course of its business; that the
imposition of the Sewer Capacity Charge on all future developments in the City for
which building permits have not been issued is necessary in order to protect the public
health, safety and welfare: and
The City Council finds that the amount of the amended charge levied by this
ordinance does not eaceed the estimated cost of providing the sewer service to the
de��elopments within the Cit}; and
The City Council finds that it is appropriate to approve an increase to the Sewer
Capacity Chazge, annual indexed increases to that charge, and an increase to the
Wastewater Generation Rates; to reflect the acquisition of additional capacity rights; the
annual increase in the n4etropolitan Sewerage System Costs and the increase in the need for
improvements created bv the demand for more capacity in the se��,�er system: and
The Cit}� Council finds it is necessary to ensure sewer capacit�- in the �9etro
system before the resen�ed capacity is exhausted and to ensure the timely payment to
adequatelv fund on�oing and future se���er improeements to enhance capacity in the City's
seH�er s��stem trig��ered by future development.
Section II. California Em•ironmental Qualih� Act (CEQA) Findings for Statuton�
Exemption.
The City Council does herebv find that the se���erage capacity charee herein imposed
is for the purpose of obtainine funds for capital projects �ecessary to maintain sen�ice
«�ithin eaisting service areas. Therefore; the City finds that the adoption of this ordinance is
statutoril}� esempt under the provisions of CEQA Guidelines Section 1�060(c)(3).
Ordinance No. 3314
Page No. 5
Section III.
A. That Chula Vista Municipal Code Section 13.]4.090 be amended to read as
follows:
"A. The oNmer or person mal:ine application for a permit to develop or
modif�� use of an� residential, commercial; indusuial or other propen}� shall pay a
sewer capacit}� chazee. All revenue derived from such fees shall be deposited in
the trunk sewer capital resen e fund. The amount of such chazee shall be the
required fee(s).
B. The amount of the fee shall be adjusted, starting on October l, 201� and
on each October IS` thereafrer. based on the one-vear chanse (from Juh• to Julv)
in the Los Angeles Construction Cost Inde�; as published monthl}� in the
En�ineering Ne«�s Record. Adjustments to the abo��e charee based upon the
Construction Cost Indes shall be automatic and shall not require further action of
the Citv Council. `
B. That Chapter 12 - Sewer Fees — Construction & Development — Section 12- 100
- Sewer Capacih� Charge, of the Master Fee Schedule be amended to read as
fo11oH•s:
SE�'ER C.APACITY CH.4RGE
O��mer or person mal:ing application for a permit ro develop or modif}� use of anv
residential, commercial, industrial or other propert}� shall pa�� a seti�er capacity
charee.
One EDU of flo«�......................................�3.4�0
EDU conversion
One EDU ......................... 230 gallons per da.� (GPD)
One EDU .............. 19 equi��alent fizture units (EFUs)
The followine rates of flo��- for ��arious land uses shall be utilized in determinina the
total fee due for an�� ei�=en propert}�: �
Residential
Sinsle famil��dw�ellin? ...................................1.00 EDU
?�4obile home. trailer..�....................................0.79 EDU
Multi-familv units, incl. apartments ........0.79 EDU/unit
Gre���ater svstem fee reduction ..............................?�%
RV Parks
RV parks. per hookup ...................................0.79 EDU
RV parks. facilities not sen ine hookups ...........b�� EFU
Restaurant
Small (<= 12 seats) .......................................... 1.1 EDU
Laree (>12 seats) ........................................2� GPD/seat
Ordinance No. 3314
Page fJo. 6
Carw�ash
Self-serve......................................................2 EDU/stall
Automatic. w/ water recycling.......................... 6.5 EDU
Automatic, w/o H�ater recyclin�..........................b}� EFU
Transient/Temporarv Residence Facilit�-
Hotel, motel; inn; boarding house.......................b}� EFU
Com�alescent hospital, hospital ..........................by �PU
Dormitories & other temporary residences.......by LFU
Self Sen�ice Laundr��. Coin Operated
Laundrv; per ��asher ........................................0.50 EDU
Fixtures not attached to washers .........................bv EFU
Other
Govemment, Institutional...................................by EFU
Commercial, Industrial ......................................by EFU
Manufacturing; Tenant Improvement.................by EFU
All other uses not described above ....................by EFU
See Master Fee Schedule Bulletin 12-300 for Equivalent Fixture Unit (EFU) factors.
Facilities with ��ater recycling systems or using N�ater for processing purposes
shall be assessed individuall��.
C. That Chapter 12 - Sewer Fees — Appendices & Reference — Section 12-300 -
Equi��alent Fixture Units (EFUs), be amended to read as follows:
EQUNALENT FI�TURE UN1TS (EFUS)
Equivalent Fixture Units include combined hot and cold N�ater demand. Bar sinl:
(commercial)...................................................... 2 EFU
Bathtub............................................................... 2 EFU
Dental unit or cuspidor ...................................... 1 EFU
Drinkine fountain; per head ............................0.5 EFU
Laundn�tub or clothes H�asher........................... 3 EFU
Lavatorv ............................................................ 1 EFU
Lavator}� (dental) ............................................... 1 EFU
Sinl: (mop basin) ............................................... 3 EFU
Sinh (washup; each set of faucets)..................... 2 EFU
Sink or dishH�asher ............................................ 2 EFU
Urinal (flush tank) ............................................. 2 EFU
Urinal (stal]) ...................................................... 2 EFU
Urinal (�i�all)....................................................... 2 EFU
Toilet (tanh) ...................................................... 4 EFU
Toilet (val��e) .................................................... 4 EFU
Ordinance No. 3314
Page No. 7
1. EDli calculation usin� EFUs
EFU (abo��e) � 12.1 GPD / 230 GPD = I EDU
D. That Sections 3-301.1 — Sewage Production, and 3-301.2 — Pipe Design
Capacih� Based on Manning's Flo«� Equation, of the Subdi�•isiou Manual
be amended to read as follo���s:
3-301.1 Se��age production
(1) Residential = 63 gallons (2�0 lpcd) per capita per da} (gpcd) or
230 gallons (870 liters) per EDU. per day.
(2) School flow:
a) Elementar}� Schools: 12 epcd (46 lpcd).
b) Junior High and Hi�h Schools: 13 apcd (�0 lpcd).
(3) Commercial/[ndustrial/Church: 1,401/712/1,3li gpd/acre.
(4) Pazks: 410 gpd/acre.
(�) Peak to average ratio: See C�'DS 18.
3-301.2 Pipe design capacity based on A4annina s flo�� equation:
(1) NeH� Pipes use 1/2 full design floH for diameters up to and
includine 12 inches.
(2) NeH� Pipes use 3/4 full desien floH� for diameters ereater than
12 inches (30cm).
(3) "n" factors
a) for��itrified cla}� or reinforced concrete pipe:
]) n = 0.013 for pipes up to 21" (�3cm) diameter;
2) n = 0.012 for pipes ereater than 21" (�3cm) diameter;
b) for PVC pipe, n = 0.012 for PVC pipe all sizes.
(4) Velocities:
a) Minimum = 2 feeUsecond (.61 m/s). See Section 3-302?(6) also.
b) Maeimum = 10 feedsecond (3.Om/s) (eicept as appro��ed b}� Cit}�
Engineer).
Section IV. Time Limit for Protest and Judicial Action.
Am� judicial action or proceedine to attack; revie��, set aside, void or annul this
ordinance shall be brought within the period as established b�� la���.
In accordance �iith Go��emment Code Section 66020(d)(1). the ninet�-da�� appro��al
period in ���hich panies ma� protest beginnine upon the effective date of this ordinance.
Ordinance No. 3314
Page No. 8
Section V. Se�erabilih�
If an� portion of this Ordinance; or its application to any person or circumstance, is
for am• reason held to be invalid, unenforceable or unconstitutional, by a court of competent
jurisdiction. that portion shall be deemed severable, and such invalidity, unenforceabilitv
or unconstitutionalit�� shall not affect the ��alidity or enforceability of the remaining portions
of the Ordinance, or its application to any other person or circumstance. The City Council of
the Cit�� of Chula Vista herebv declares that it would have adopted each section; sentence.
clause or phrase of this Ordinance; irrespective of the fact that anv one or more other
sections; sentences, dauses or phrases of the Ordinance be declared invalid. unenforceable or
unconstimtional.
Section VI. Construction
The Citv Council of the Ciri� of Chula Vista intends this Ordinance to supplement, not
to duplicate or contradict; applicable state and federal lati� and this Ordinance shall be
construed in ]i�ht of that intent.
Section VII. Effecti�e Date
This Ordinance shall become effective sixty (60) days afier its second readine and
adoption.
Section VIII. Publication
The Cit}� Clerk shall certify to the passage and adoption of this Ordinance and shall
cause the same to be published or posted accordin�;to law. _
Presented b�� Approved as to form by
Richard A. n len R. Go gins
Director of Public Works .� ey
Ordinance No. 3314
Page No. 9
PASSED. aPPROVED. and ADOPTED b�• the Citv Council of the Cirv of Chula \%ista.
Califomia. this 22nd da�� of Jul�� 2014. b�• the fo1loN�ins vote:
AI'�ES: Councilmembers: Aeuilar. Bensoussan. Salas and Cox
1�A1'S: Councilmembers: None
4BSEI�'T: Councilmembers: Ramirez
Chen�l Cox. A4a��
ATTEST:
��_ �, ����
Donna R. I�'oms. M . Cirv Clerk
STATE OF CALIFORIvIA )
COIJI�iTl' OF SAN DIEGO )
CITY OF CHULA VISTA )
I. Donna R. I�'oms. Cin� Clerk of Chula Vista. CaliFomia. do herebv certif�� that the foreeoine
Ordinance No. 3314 had its first readine at a reeular meetine held on the 8th da�� of Julv 201�
and its second readin� and adoption at a regular�meeting of said Cit�� Council held on the 22nd
da}� of Jul}� 2014; and �+�as dul�� published in summarv form in accordance ti�ith the requirements
of state law and the Cirv Charter.
20� �:��
Date Donna R. Norris. CMC. Citv Clerk