HomeMy WebLinkAboutOrd 2003-2900-BORDINANCE NO. 2900-B
URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AN INCREASE OF
THE SEWERAGE CAPACITY CHARGE AND THE
MODIFICATION OF THE MASTER FEE SCHEDULE
WHEREAS, the City Council placed Ordinance No. 2900 on first reading on March 18,
2003 approving an increase to the Sewerage Capacity Charge and the modification of the Master
Fee Schedule to reflect mentioned increase; 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 will be applying for building permits during the
interim period before the increase to the Sewerage Capacity Charge becomes effective; and
WHEREAS, Government Code Section 66017(b) authorizes the City to adopt an interim
fee increase as an urgency measure upon making a finding describing the current and immediate
threat to the public health, welfare and safety; and
WHEREAS, said interim measure will be effective for thirty (30) days; and
WHEREAS, the City adopted Urgency Ordinance 2900-A, approving an increase of the
Sewerage Capacity Charge and the modification of the Master Fee Schedule, which will expire
thirty (30) days after its adoption; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project
for compliance with the Califomia Environmental Quality Act (CEQA) and has determined that
the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines;
therefore, pursuant to Section 15060(93) of the State CEQA Guidelines, the activity is not
subject to CEQA. Thus, no 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 I:
Finding of Urgency
The City Council of the City of Chula Vista finds that it is necessary that the Sewerage
Capacity Charge be increased and the Master Fee Schedule modified and the increase go into
effect immediately. The increase is needed in order to require all developments to pay their fair
share of the cost of: acquiring additional sewer capacity, paying for sewage treatment and the
construction of improvements needed to enhance the capacity of the City's sewer system, and all
other related eligible expenditures resulting from the impacts caused by their developments.
Immediate implementation of this fee is necessary due to the current and immediate
threat to public safety. Should there be a shortfall in the funds necessary to pay for additional
sewage treatment capacity and the needed sewer improvements, it could result in the failure of
the existing sewage collection system and sewage spills.
Ordinance 2900-B
Page 2
The City Council finds that the prospect of a deficit, not enough sewer capacity to serve
the growing population, the failure of old sewer infrastructure and concerns about an increased
charge to remaining property owners, constitutes a current immediate threat to the public health,
welfare and safety justifying the immediate imposition of this fee.
SECTION II: That the Chapter XII Engineering - Sewer, Section 3(a) of part A of the Master
Fee Schedule be, and the same is hereby amended to read as follows:
"3. Sewerage Capacity Charge
a. The owner or person making application for a permit to develop or modify
use of any residential, commercial, industrial or other property which is projected
by the City Engineer to increase the volume of flow in the City sewer system by
at least one-half of one Equivalent Dwelling Unit of flow shall pay a Sewerage
Capacity Charge. The base charge is hereby established as $3,000 per Equivalent
Dwelling Unit of flow."
SECTION III: CEQA Findings for Statutory Exemption.
The City Council does hereby find that the Sewerage Capacity Charge herein imposed is
for the purpose of obtaining funds for capital projects necessary to maintain service within
existing service areas. Therefore, the City finds that the adoption of this ordinance is statutorily
exempt under the provisions of CEOA Guidelines Section 15060(c)(3).
SECTION IV: Findings
The City Council finds that the collection of the Sewerage Capacity Charge, established
by Ordinance No. 2107, at the time the building permit is issued is necessary. This will ensure
that funds will be available for the acquisition of capacity rights in the Metro System, construct
improvements to enhance capacity in the City's sewer system and to pay for the treatment of
sewage; and
The City Council finds that developers of land within the City should be required to
mitigate the burden created by development through the payment of a fee to finance a
development's appropriate portion of the total cost of the sewer improvements, sewage treatment
and capacity rights in the Metro System; and
The City Council finds that the legislative findings and determinations set forth in the
ordinance referred in the recitals set forth above, continue to be true and correct; and
The City Council finds, after consideration of the evidence presented to it, that the
increase of the Sewerage Capacity Charge is necessary in order to assure adequate sewer service
to the City; and
The City Council finds, based on the evidence presented at the meeting and the
information received by the City Council in the ordinary course of its business, that the
imposition of the Sewerage Capacity Charge on all future developments in the City for which
building permits have not been issued is necessary in order m protect the public health, safety
and welfare; and
Ordinance 2900-B
Page 3
The City Council finds that the amount of the amended fee levied by this ordinance does
not exceed the estimated cost of providing the sewer service to the developments within the City;
and
The City Council f'mds that it is appropriate to approve an increase to the Sewerage
Capacity Charge to reflect: the acquisition of additional capacity rights; the annual increase in
the Metropolitan Sewerage System Costs; the increase in the need for improvements created by
the demand for more capacity in the sewer system; and
The City Council finds it is necessary to ensure sewer capacity in the Metro system
before the reserved capacity is exhausted and to ensure the timely payment to adequately fund
ongoing and future sewer improvements to enhance capacity in the City's sewer system triggered
by future development.
SECTION V: Expiration of this Ordinance.
This ordinance shall be of no further force and effect thirty (30) days after its adoption.
SECTION VI: 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 within the 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 VI: Effective Date.
This ordinance shall become effective immediately upon four-fifths vote.
Presented by
Approved as to form by:
Ann Moore
City Attorney
Ordinance 2900-B
Page 4
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 15th day of April, 2003, by the following vote:
Davis, Rindone, Salas, McCann, and Padilla
ATFEST:
Councilmembers:
Councilmembers:
Councilmembers:
AYES:
NAYS:
ABSENT:
None
None
Susan Bigelow, City Clerk
STATE OF CALIFORNIA )
COUN'I~ OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 2900-B was passed as an urgency measure on the 15th day of April, 2003.
Executed this 15th day of April, 2003.
Susan B~gelow, City Clerk