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HomeMy WebLinkAboutOrd 2002-2884ORDINANCE NO. 2884 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING ORDINANCE 2582 TO ADD THE POGGI CANYON BASIN SEWER INTERCEPTOR AS ONE OF THE FACILITIES FINANCED BY THE TELEGRAPH CANYON SEWER PUMPED FLOWS DEVELOPMENT IMPACT FEE AND TO CHANGE THE NAME TO PUMPED SEWER DEVELOPMENT IMPACT FEE WHEREAS, developers of land within the City should be required to mitigate the burden created by development through the construction or improvement of sewer facilities within the boundaries of the development and either the construction or improvement of sewer facilities outside the boundaries of the development which are needed to provide service to the development in accordance with City standards or the payment of a fee to finance a development's appropriate portion of the total cost of the sewer facilities; and WHEREAS, all development within the City contributes to the cumulative burden on various sewer facilities in direct relationship to the amount of population generated by the development or the gross acreage of the commercial or industrial land in the development; and WHEREAS, the Telegraph Canyon Sewer Pumped Flows Basin ("Pumped Flows Basin") is that area of land shown on the map attached hereto as Exhibit "A" which map is generally comprised of those portions of Poggi Canyon and Salt Creek drainage basin within the City of Chula Vista, or its sphere of influence, from which wastewater will be collected and pumped into the Telegraph Canyon Sewer Basin ("Gravity Basin"); and WHEREAS, the City desires and desired to oversize the Gravity Basin sewer facilities as a backup plan in order to accommodate sewage flow from the Pumped Flows Basin in the event that flows from the Pumped Flows Basin, in combination with the Gravity Basin flows, exceed the capacity of the Gravity Basin sewage system before adequate alternate sewage facilities (gravity drainage, treatment plants, reclamation plants, etc.) are available in the Salt Creek and Poggi Canyon drainage basins to handle the pumped flows; and WHEREAS, this was and is intended to be a "backup plan" inasmuch as the City expects that the flows in the Pumped Flows Basin will, with the construction of the necessary sewer facilities CPoggi Canyon/Salt Creek Facilities"), eventually drain by gravity flow into the Poggi Canyon and Salt Creek Sewer Basins ("Poggi Canyon/Salt Creek Sewer Gravity Basins"); and WHEREAS, at such time as it appears, at the sole discretion of the City Council, that such Poggi Canyon/Salt Creek Facilities are imminent of construction, it is the intemion of the City Council to terminate the imposition of this Development Impact Fee, and further, at such time and in such manner as the City Council, in its sole discretion, determines to be fair and equitable return any unused funds to the property owners existing at that time of the properties for which the fee was collected initially; and WHEREAS, on February 25, 1992 the City Council passed Resolution No. 16518 approving an amendment to the agreement between the City of Chula Vista and Willdan Associates for preparation of said backup plan, therein referred to as the "amended plan"; and Ordinance 2884 Page 2 WHEREAS, on February 25, 1992 the City Council passed Resolution No. 16519 approving the first amendment to the Telegraph Canyon Basin Sewer Monitoring and Gravity Basin Usage Agreement which obligates EastLake to pay for the preparation of the "Telegraph Canyon Sewer Basin Improvement and Financing Plan Amendment Incorporating Pumped Flows ("Backup Plan")". WHEREAS, pursuant to said agreement with Willdan, Willdan Associates have prepared a proposed Backup Plan dated June 9, 1993 for approval by the City Council (herewith done); and WHEREAS, on September 2002, Post, Buckley, Schuh & Jerigan, Inc. (PBS&J) revised the abovementioned "Backup Plan" and prepared the report, tiffed "Pumped Sewer Development Impact Fee Engineering Study". In this engineering report, PBS&J recommended the continuation of the monitoring on the Telegraph Canyon Trunk Sewer and the use of the Poggi Canyon Basin Sewer Interceptor as an alternative to the Telegraph Canyon Sewer, since the Telegraph Canyon Trunk Sewer line was approaching threshold capacity; and WHEREAS, the 2002, "Pumped Sewer Development Impact Fee Engineering Study" determined that new development within the Pumped Flows Basin will create adverse impacts on the City's existing sewer facilities within the Gravity Basin (to wit, that the sewage expected to be generated from new development within the Pumped Flows Basin, when combined with the sewage flows from the Gravity Basin, will exceed the capacity of the current sewer system in the Gravity Basin). These impacts must be mitigated by the financing and construction of certain sewer facilities ident'ffied in this ordinance; and WHEREAS, said 2002, "Pumped Sewer Development Impact Fee Engineering Study" (1) includes an estimate of ultimate sewer flows anticipated from the Pumped Flows Basin; (2) recommends improvements to handle the combined incremental increases of sewage flow anticipated from the Pumped Flows Basin and from the Gravity Basin; and (3) establishes a fee payable by persons obtaining building permits for developments within the Pumped Flows Basin benefiting from Gravity Basin trunk sewer improvements; and WHEREAS, sewer improvements and a fee to be levied on new developments in the Pumped Flows Basin have been justified in the proposed 2002, "Pumped Sewer Development Impact Fee Engineering Study"; and WHEREAS, the City Council determined, based upon the evidence presented at the Public Hearing, including, but not limited to, the 1993, "Backup Plan", the 2002, "Pumped Sewer Development Impact Fee Engineering Study" and the various reports and other information received by the City Council in the course of its business, that imposition of the sewer facilities development impact fee on all developments within the Pumped Flows Basin in the City of Chula Vista for which building permits have not yet been issued is necessary in order to protect the public safety and welfare and to ensure effective implementation of the City's General Plan; and WHEREAS, the City Council has determined that the amount of the fee levied by this ordinance does not exceed the estimated cost of providing the public facilities. NOW, THEREFORE, TI-IE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: Ordinance 2884 Page 3 SECTION 1: That the Approval of Backup Plan set forth in Section 1 of Ordinance 2582 shall be amended to read as follows: "SECTION 1: Approval of Backup Plan. The City Council has independently reviewed the proposed Backup Plan herewith presented, finds that it is fair, reasonable and equitable to all parties, and herewith adopts same in the form on file with the City Clerk, and on file in the Office of the City Engineer. Also, the City Council has independently reviewed the "2002, Pumped Sewer Development Impact Fee Engineering Study", herewith presented, finds that it is fair, reasonable and equitable to all parties, and herewith adopts same in the form on file with the City Clerk and on file in the Office of the City Engineer." SECTION 2: That the list of Facilities set forth in Section 2 of Ordinance 2582, shall be amended to read as follows: "SECTION 2: Facilities The facilities which are the subject matter of the fee herein established are fully described in the 1993, "Backup Plan" at page 24 thereof, and the locations at which they will be constructed are more fully described on Plates 1 through 14 under the section thereof entitled "Improvement Locations"; and in the 2002, "Pumped Sewer Development Impact Fee Engineering Study", Figure 6 Poggi Canyon Interceptor Improvements and Table 4, Poggi Canyon Interceptor Improvements - Required Due to Year 2005 Area of Benefit Pumped Flows, all of which facilities may be modified by the City Council from time to time by resolution ("Facilities"). The City Council may modify or amend the list of projects herein considered to be part of the facilities by written resolution in order to maintain compliance with the City's Capital Improvement Program or to reflect changes in land development and estimated and actual wastewater flow." SECTION 3: That the Territory to Which Fee Is Applicable set forth in Section 3 of Ordinance 2582, shall be amended to read as follows: "SECTION 3: Territory to Which Fee Is Applicable The area of the City of Chula Vista to which the fee herein established shall be applicable is set forth as an Exhibit to the Backup Plan, entitled "Developments Subject to Pumping (Pumped Flows Basin), Telegraph Canyon Sewer Basin, Improvement and Financing Plan Amendment, Incorporating Pumped Flows, shown as being "Prepared: June 23, 1993" not yet revised, shall be referred to herein as the "Territory" or alternatively "Pumped Flows Basin" and is generally described as that area to the east of the Telegraph Canyon Sewer Basin, within the Salt Creek and Poggi Canyon Basins. This same area is also shown in the 2002, "Pumped Sewer Development Impact Fee Engineering Study"." SECTION 4: That the Purpose set forth in Section 4 of Ordinance 2582, shall be amended to read as follows: "SECTION 4: Purpose. Ordinance 2884 Page 4 By Ordinance No. 2533, the City Council approved a plan ("Gravity Basin Plan") for the financing and construction of the sewer-related facilities necessary to serve only the sewage transmission demands for the Equivalent Dwelling Units (EDU's) in the Gravity Basin. The purpose of Ordinance No. 2582 and this ordinance is to provide the necessary financing to oversize, study and monitor such sewer-related facilities in the Telegraph Canyon Sewer Gravity Basin, as defined in Ordinance No. 2533, Section 2, Territory ("Gravity Basin"); and in the Poggi Canyon Sewer Basin, as defined in the 2002, "Pumped Sewer Development Impact Fee Engineering Study", to accommodate sewage flows pumped into the Telegraph and Poggi Canyon Gravity Basins from the Pumped Flows Basin." SECTION 5: That the Determination of Equivalent Dwelling Units set forth in Section 7 of Ordinance 2582, shall be amended to read as follows: "SECTION 7: Determination of Equivalent Development Units. Each single-family detached dwelling or single-family attached dwelling shall be considered one EDU for purposes of this fee. Each unit within a multi- family dwelling shall be considered 0.75 EDU. Every other commercial, industrial, non-profit, public or quasi-public, or other usage shall be charged at a rate calculated in accordance with Table 1 of the 2002, "Pumped Sewer Development Impact Fee Engineering Study." SECTION 6: That the Purpose and Use of Fee set forth in Section 9 of Ordinance 2582, shall be amended to read as follows: "SECTION 9: Purpose and Use of Fee. The purpose of the fee is to pay for the planning (including preparation of the 1993, "Backup Plan" and the 2002, "Pumped Sewer Development Impact Fee Engineering Study"), design, study, construction, repair, maintenance, and/or financing (including the cost of interest and other financing costs as appropriate) of the Facilities, or reimbursement to the City or, at the discretion of the City if approved in advance in writing, other third parties for advancing costs actually incurred for planning, designing, constructing, or financing the Facilities." SECTION 7: That the Amount of Fee; Amendment of Master Fee Schedule set forth in Section 10 of Ordinance 2582, shall be amended to read as follows: "SECTION 10: Amount of Fee; Amendment of Master Fee Schedule. The fee shall be calculated at the rate of $180 per EDU. Chapter XV of the Master Fee Schedule is hereby amended to add Section B, which shall read as follows: B. Pumped Sewer Development Impact Fee. This section is intended to memorialize the key provisions of Ordinance No. 2547, but said ordinance governs over the provisions of the Master Fee Schedule. For example, in the event of a conflict in interpretation between the Master Fee Schedule and the ordinance, or in the event those additional rules applicable to the imposition of the fee, the language of the ordinance governs. a. Territory to which Fee applicable. Ordinance 2884 Page 5 The area of the City of Chula Vista to which the fee herein established shall be applicable is set forth as an Exhibit to the 1993, "Backup Plan", entitled "Developments Subject to Pumping Pumped Flows Basin", Telegraph Canyon Sewer Basin, Improvement and Financing Plan Amendment, Incorporating Pumped Flows", shown as being "Prepared: June 23, 1993" not yet revised, shall be referred to herein as the "Territory or alternatively "Pumped Flows Basin" and is generally described as that area to the east of the Telegraph Canyon Sewer Basin, within the Salt Creek and Poggi Canyon Basins. This same area is also shown in the 2002, "Pumped Sewer Development Impact Fee Engineering Study". b. Rate per EDU. The fee shall be calculated at the rate of $180 per EDU, which rate shall be adjusted from time to time by the City Council. c. EDU calculation. Each single-family detached dwelling or single-family attached dwelling shall be considered one EDU for purposes of this fee. Each unit within a multi-family dwelling shall be considered 0.75 EDU. Every other commemial, industrial, non-profit, public or quasi-public, or other usage shall be charged at a rate calculated in accordance with Table 1 of the 2002, "Pumped Sewer Development Impact Fee Engineering Study". d. When Payable. The fee shall be paid in cash not later than immediately prior to the issuance of a building permit, except that a Letter of Credit Procedure is permitted for this fee in the adopting ordinance, as same may, from time to time, be amended. The City Council intends to review the amount of the fee annually or from time to time. The City Council may, at such reviews, adjust the amount of this fee as necessary to assure construction and operation of the facilities, the reasons for which adjustments may include, but are limited to, the following: changes in the costs of the facilities as may be reflected by such index as the Council deems appropriate, such as the Engineering-News Record Construction Index; changes in the type, size, location or cost of the facilities to be financed by the fee; changes in land use on approved tentative maps or specific plan amendments; other sound engineering, financing and planning information. Adjustments to the above fee may be made by resolution amending the Master Fee Schedule." SECTION 8: That the Authority for Accounting and Expenditures set forth in Section 11 of Ordinance 2582, shall be amended to read as follows: "SECTION 11: Authority for Accounting and Expenditures. The Telegraph Canyon Sewer Basin Pumped Flows Development Impact Fee Fund (TCSBPF DIF) will henceforth be referred to as Pumped Sewer Development Impact Fee (PS DIF). The proceeds collected from the imposition of the Fee (PS DIF) shall be deposited into a public facility financing fund ("Pumped Sewer Development Impact Fee Ordinance2884 Page 6 Fund", or altematively herein "Fund" or "PS DIF Fund') and such proceeds shall be expended only forthe purposes set forth in this ordinance. The Director of Finance is authorized to establish various accounts within the fund for the facilities identified in this ordinance and to periodically make expenditures from the fund for the purposes set forth herein in accordance with the facilities phasing plan or capital improvement plan adopted by the City Council." SECTION 9: That the Findings set forth in Section 13 of Ordinance 2582, shall be amended to read as follows: "SECTION 13: Findings. The City Council finds that collection of the fees established by this ordinance at the time of the building permit is necessary to ensure that funds will be available for the construction of facilities concurrent with the need for these facilities and to ensure certainty in the capital facilities budgeting for growth impacted public facilities. The City Council finds that developers of land within the City should be required to mitigate the burden created by development through the construction or improvement of sewer facilities within the boundaries of the development and either the construction or improvement of sewer facilities outside the boundaries of the development which are needed to provide service to the development in accordance with City standards or the payment of a fee to finance a development's appropriate portion of the total cost of the sewer facilities; and _ The City Council finds that the legislative findings and determinations set forth in Ordinance 2582 continue to be true and correct; and The City Council finds, after consideration of the evidence presented to it, including the 2002, Pumped Sewer Development Impact Fee Engineering Study, prepared by PBS&J, that the inclusion of the Poggi Canyon Basin Sewer Interceptor as one of the facilities to be financed by the development impact fee and the change of the Telegraph Canyon Sewer Pumped Flows Development Impact Fee to Pumped Sewer Development Impact Fee are necessary in order to assure adequate sewer service to the Pumped Flow Basin; and The City Council finds, based on the evidence presented at the meeting and the various reports and information received by the City Council in the ordinary course of its business, that the imposition of the Pumped Sewer Development Impact Fee on all development in the Pumped Flow Basin 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 fees levied by this ordinance does not exceed the estimated cost of providing the sewer service to the developments within the Pumped Flow Basin; and The City Council finds that it is appropriate to re-evaluate the development impact fee to reflect the findings of the 2002, Pumped Sewer Development Impact Fee Engineering Study and the inclusion of the Poggi Canyon Basin Sewer Interceptor as another alternative to diversion of the pumped flows from the Pumped Flow Basin; and Ordinance 2884 Page 7 The City Council finds it is necessary to ensure the option to pumped flows to the Poggi Canyon Basin Sewer Interceptor before the threshold capacity limits are exceeded in the Telegraph Canyon Trunk Sewer and to ensure the timely payment to adequately fund ongoing and future sewer improvements, flow monitoring and studies required in the Telegraph Canyon Trunk Sewer and Poggi Canyon Basin Sewer Interceptor triggered by the pumped sewer flows." SECTION 10: That the Mandatory Oversizing of Facility; Duty to Tender Reimbursement Offer set forth in Section 15 of Ordinance 2582, shall be amended to read as follows: "SECTION 15: Mandatory Oversizing of Facility; Duty to Tender Reimbursement Offer. Whenever a developer of a developmem project in the territory of the Pumped Flows Basin is required as a condition of approval of an entitlement (e.g., General Plan Amendment, Pre-zoning, General Development Plan, SPA Plan, etc.) to cause a portion of the sewer system which is the subject matter of a facilities enhancement planned for improvement under the Gravity Basin Plan to be oversized under the 2002 "Pumped Sewer Development Impact Fee Engineering Study", the City may require the developer to install the facilities according to design specifications approved by the City, that being with the supplemental size or capacity in order to accommodate estimated ultimate flow as indicated in the Basin Plan and subsequent amendments. If such a requirement is imposed, the City shall first grant credits against the developer's obligation to pay the fee, and, as to any excess, offer to reimburse the developer from the fund either in cash or over time as fees are collected, at the option of the City, for costs incurred by the developer for the design and construction of the facility not to exceed the estimated cost of that particular facility as included in the calculation and updating of the fee, and in an amount agreed to in advance of their expenditure in writing by the City. The City may update the fee calculation, as City deems appropriate prior to making such offer. This duty to extend credits or offer reimbursement shall be independent of the developer's obligation to pay the fee." SECTION 11: That the Assessment District set forth in Section 20 of Ordinance 2582, shall be amended to read as follows: "SECTION 20: Assessment District. If any assessment or special taxing district is established to design, construct and pay for any or all of the facilities ("Work Alternatively Financed"), the owner or developer of a project may apply to the City Council for reimbursement from the fund in an amount equal to that portion of the cost included in the calculation of the fee attributable to the Work Alternatively Financed. In this regard, the amount of the reimbursement shall be based on the costs included in the 2002, "Pumped Sewer Development Impact Fee Engineering Study", as amended from time to time, and therefore, will not include any portion of the financing costs associated with the formation of the assessment or other special taxing district." SECTION 12: That the Time Limit for Judicial Action set forth in Section 22 of Ordinance 2582, shall be amended to mad as follows: "SECTION 22: Time Limit for Judicial Action. Ordinance 2884 Page 8 Any judicial action or proceeding to attack, review, set aside, void or annul this ordinance shall be brought within the time period as established by law after the effective date of this ordinance. In accordance with Government Code Section 66020 (d) (1), the ninety-day approval period to which parties may protest begins upon the effective date of this ordinance." SECTION 13: That the CEQA Findings for Statutory Exemption set forth in Section 23 of Ordinance 2582, shall be amended to read as follows: "SECTION 23: CEQA Findings for Statutory Exemption. The City Council does hereby find that the fee heroin imposed is for the purpose of obtaining funds for capital projects necessary to maintain service within existing service areas. The Council finds that the proposed facilities are in existing rights-of-way parallel to or replacing existing sewer lines. Therefore, the City finds that the adoption of this ordinance is statutorily exempt under the provisions of CEQA Guidelines Section 15282 SECTION 14: Effective Date. This ordinance shall become effective sixty (60) days after its second reading and adoption. Presented by Approved as to form by John .~Li~pi~//~ /~ Publfc Works Director Ordinance 2884 Page 9 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 5th day of November, 2002, by the following vote: AYES: NAYS: ABSENT: Councilmembers: Councilmembers: Councilmembers: Davis, Padilla, Rindone, Salas and Horton None None ATTEST: Shirley Horto.~/t, Mayor Susan Bigelow, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 2884 had its first reading at a regular meeting held on the 22nd day of October, 2002 and its second reading and adoption at a regular meeting of said City Council held on the 5th day of November, 2002. Executed this 5th day of November, 2002. Susan Bigelow, City Clerko