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HomeMy WebLinkAboutOrd 2002-2884-AORDINANCE NO. 2884-A URGENCY 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, the City Council is placing an ordinance on its first reading which will change the name of the Telegraph Canyon Sewer Pumped Flows Development Impact Fee to Pumped Sewer Development Impact Fee and will add the Poggi Canyon Basin Sewer Interceptor as one of the facilities financed by the development impact fee; and WHEREAS, pursuant to Government Code Section 66017(a), the fees modified by that ordinance will not become effective until sixty (60) days after its second reading; and WHEREAS, development in the City located within the Pumped Flow Basin will be applying for building permits during the interim period before the development impact fee modification becomes effective; and WHEREAS, Government Code Section 660170>) authorizes the City to adopt an interim fee as an urgency measure upon making a finding describing the current and immediate throat to the public health, welfare and safety; and WHEREAS, said interim measure will be effective for thirty (30) days and may be extended twice for additional thirty (30) day periods upon subsequent action by the City Council; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a statutory exemption pursuant to Section 15282(1) of the State CEQA Guidelines. Thus, n.o further environmental review is necessary; and WHEREAS, State Law requires said Urgency Ordinance to be adopted by a four-fifths vote. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: SECTION 1: Finding of Urgency That the City Council of the City of Chula Vista finds that it is necessary that its Telegraph Canyon Sewer Pumped Flows Development Impact Fee be changed to Pumped Sewer Development Impact Fee and go into effect immediately in order to avoid sewage spills as a consequence of not having the option to use the Poggi Canyon Basin Sewer Interceptor to pumped sewage flows. Immediate implementation of this fee is necessary due to the current and immediate threat to public safety which could arise from the pumped flows remaining in the Telegraph Canyon Trunk Sewer beyond the threshold capacity of the trunk sewer system causing sewage spills and failure of the sewer system. Ordinance 2884-A Page 2 The City Council finds that the prospect of sewage spills, failure of the sewer system and concerns about an increased charge to remaining property owners constitutes a current immediate throat to the public, welfare and safety justifying the immediate imposition of this Fee. SECTION 2: 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 3: 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 4: 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"." Ordinance 2884-A Page 3 SECTION 5: That the Purpose set forth in Section 4 of Ordinance 2582, shall be amended to read as follows: "SECTION 4. Purpose. 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 6: 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 7: That the Purpose and Use 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 8: 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 mad 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 Ordinance 2884-A Page 4 the event of a conflict in interpretation between the Master Fee Schedule and the ordinance, or in the event those additional roles applicable to the imposition of the fee, the language of the ordinance governs. a. Territory to which Fee 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 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 9: 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. Ordinance 2884-A Page 5 The Telegraph Canyon Sewer Basin Pumped Flows Development Impact Fee Fund (TCSBPF DIF) will be henceforth 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 Fund" or alternatively herein "Fund" or PS DIF Fund") and such proceeds shall be expended only for the 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 10: 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 Ordinance 2884-A Page 6 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 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 Teleg. raph Canyon Trunk Sewer and to ensure the timely payment to adequately fund ongmng 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 11: 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 development 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 12: 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." Ordinance 2884-A Page 7 SECTION 13: That the Time Limit for Judicial Action set forth in Section 22 of Ordinance 2582, shall be amended to read as follows: "SECTION 22. Time Limit for Judicial Action. 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 14: 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 herein 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 (1)." SECTION 15: Expiration of this ordinance. This ordinance shall be of no further force and effect thirty (30) days after its adoption. SECTION 16: Time Limit for Protest and Judicial Action. Any judicial action or proceeding to attack, review, set aside, void or annul this ordinance shall be brought with the time period as established by law. In accordance with Government Code Section 66020(d)(1), the ninety-day approval period in which parties may protest begins upon the effective date of this ordinance. SECTION 17: Effective Date. This ordinance shall become effective immediately upon four-fifths vote. Presented by Approved as to form by JohrfP. Lippitt Public Works Director Ordinance 2884-A Page 8 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 22nd day of October, 2002, by the following vote: AYES: NAYS: ABSENT: Councilmembers: Councilmembers: Councilmembers: Davis, Padilla, Rindone, Salas, and Horton None None ATTEST: Shirley Hortgfi, 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-A was passed as an urgency measure on the 22nd day of October, 2002. Executed this 22nd day of October, 2002. Susan Bigelow, City Clerk