HomeMy WebLinkAboutOrd 1991-2461 ORDINANCE NO. 2461
AN ORDINANCE OF THE CITY OF CHULA VISTA ESTABLISHING A
SPECIAL SEWER SERVICE RATE AREA AND COMPONENT ZONES FOR
EASTLAKE GREENS SUBDIVISION AND THE OLYMPIC TRAINING
CENTER
WHEREAS, the City of Chula Vista provides sewer service within the
boundaries of the City; and,
WHEREAS, the EastLake Greens Subdivision requires the ongoing maintenance
of three pump stations through formation of a special sewer service rate area
with three component zones; and,
WHEREAS, EastLake Development Company, the owner of EastLake Greens
Subdivision and the Olympic Training Center Property, has entered into an
agreement consenting to the imposition of a special fee to cover the costs of
operating, maintaining and removing the temporary sewer pump stations serving
the areas of Tentative Subdivision Map No. 88-3 and Parcel Map 16318 and
certain other costs; and,
WHEREAS, the City of Chula Vista has the authority to impose special
rates and charges by ordinance pursuant to Health and Safety Code Section 5471.
NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:
SECTION I. The City Council of the City of Chula Vista hereby
establishes a special sewer service rate area with three component zones,
within the boundaries of Tentative Subdivision Map No~ 88-3 and Parcel Map
16318 of the City of Chula Vista, as shown on Exhibit 1 attached hereto, for
the purpose of providing special sewer services to said area and zones through
three temporary sewer pump stations, and to subsequently provide customary
service through a gravity-flow system. Said sewer services shall be provided
by the City of Chula Vista in conformance with the contract between the City
of Chula Vista and EastLake Development Company, dated January 9, 1990, as
amended by agreement dated June 4, 1991. The name of the proposed special
area is "EastLake Greens Special Rate Area", with subareas or zones "A", "B"
and "C".
SECTION II. The Director of Public Works (Director) is authorized
following consultation with EastLake Development Company or its successors in
interest to adjust the zone boundary lines within the Area shown on Exhibit l,
as development occurs and connections to pump stations or gravity sewer lines
occur. Not more than ten percent (10%) of the total anticipated eZuivalent
dwelling units (EDU's) in the Area may be so administratively adjuste without
Council approval. The Director is hereby authorized to prepare and record
substitute Exhibit 1 maps hereto as such changes periodically occur.
Ordinance No. 2461
Page 2
SECTION III. The domestic sewer service charge for each single-family
dwelling unit with the EastLake Greens Special Rate Area shall be equal to the
amount charged other similarly situated customers within the service area of
the City, except as hereinafter provided.
SECTION IV. On or about July 1 of every year, commencing on the July 1
immediately following placement of each sewer pump station into service and
acceptance by City of responsibility of its maintenance and operation, the
Director shall determine the estimated costs for maintenance and operation of
each pump station for the following fiscal year. The determination shall be
made for each component zone.
If said estimated maintenance and operation costs exceed estimated funds
collected from users for any zone, and the Director has not made a
determination for that zone that the "initial rates" no 1 onger apply, the
Director shall notify EastLake Development Company and/or its successors in
interest of the amount of their portion of the surcharge, pursuant to the
First Amendment to Agreement between City and EastLake dated June 4, 1991.
The total amount of EastLake/successors surcharge to be paid shall be the
difference between said total estimated maintenance and operation costs, and
the amount estimated to be collected from users, as described in this section,
and Sections 5 and 6.
Foll owing determination of the total amount of the above described
surcharge each year, the Director shall determine how to apportion the total
surcharge among EastLake and their successors in interest, based on the
following formula: Each party (EastLake and successors) shall be responsible
for the same percentage of the total surcharge as that determined by dividing
the number of EDUs for which building permits have not been obtained by July 1
within that party's ownership by the total number of EDUs within each subarea
for which building 't nh not been issued by July 1 of that year. EDU's
below.
factor"
"EDU described
The Director may, at his discretion, review the status of funds available
for the purpose of operating and maintaining said pump station at any time
during the year. If, as a result of said review, the Director determines that
there will be insufficient funds available in any subarea pump station fund to
provide for said maintenance and operation and that the fund balance is likely
to be depleted within 30 days, the Director shall notify E~stlake in writing
of such situation and require EastLake to provide sufficient funds to provide
for said maintenance and operation to July 1 of that fiscal year pursuant to
the agreement between the City and EastLake as amended, dated June 4, 1991.
EastLake shall, within 30 days of receipt of said notification, deposit said
required funds with the City treasurer. When the next annual determination is
made of the surcharge as described above, the "loan" by EastLake shall be
considered "estimated costs" and the value of the surcharge shall be
determined after such credit.
Ordinance No. 2461
Page 3
The Director shall determine for any zone that the "initial rates" no
1 onger apply and that "permanent rates" apply when he or she determines either
that l) sufficient funds are being collected from users to provide for the
annual maintenance and operation costs, or 2) within that zone, 75% of the
total number of EDUs within the zone have been connected to the pump station.
SECTION V. The "EDU factor" for all land uses within the special sewer
service rate area shall be as follows:
Land Use Category "EDU Factor"
Single Family Detached 1.O
Single Family Attached 0.75
High School-2400 Students 171.42 (prorated)
Elementary School-800 Students 42.86 (prorated)
Golf Course Club House Grounds 8.93
For any 1 and uses not listed above, the EDU factor shall be determined
based on 1.O EDU per 280 gallons of sewage generated per day.
SECTION VI. A special operations and maintenance surcharge shall be
assessed for each user serviced within the EastLake Special Rate Area.
"Initial rates" shall be in effect for all three zones commencing from
the date of enactment of this ordinance until such time as the Director makes
a determination for that zone that "initial rates" no longer apply. Following
such determination, the "permanent rates" shall be in effect for that zone.
The monthly amount paid by each customer within any zone is determined by
multiplying the applicable zone rate factor appropriate by the "EDU" factor
listed in Section 5 above. For "initial rates", the zone rate factor for
zones A and B is one dollar ($1.00) per month. The initial zone rate factor
for zone "C" is two dollars ($2.00) per month. For "permanent rates": The
zone rate factor for zones A and B is obtained by dividing the estimated
annual maintenance and operation cost for the pump station serving that zone
by the total number of EDUs, respectively, on line in that zone the June 30
preceding the fiscal year for which the rate is to be established. The zone
rate factor for zone C is obtained by dividing the estimated annual
maintenance and operation costs for the pump station serving zone C by the
total number of EDUs on line in that zone on the June 30 preceding the fiscal
year for which the rate is being established, and adding the value of the zone
h B calculated above.
surc arge for zone as
The monthly charge shall be calculated and collected administratively,
unless it results in an increase. In that event, the proposed increase shall
be reviewed by Council in advance at a noticed public hearing.
Ordinance No., 2461 '
Page 4
SECTION VII. Said surcharge, together with interest, costs, late charges
and reasonable attorneys' fees, shall be a charge on the property served and
shall be a continuing lien upon the property served against which each such
surcharge is made, the lien to become effective upon recordation of a Notice
of Delinquent Sewer Surcharge, as provided in Section 8 herein. Each such
Sewer Surcharge, together with interest, costs, late charges and reasonable
attorneys' fees, also shall be the personal obligation of the person who was
the owner of such property served at the time when the Sewer Surcharge was
levied. The personal obligation for del:inquent Sewer Surchar e shall
to a. ow,er s s,ccessors i, title as their perso,al
expressly assumed by them.
SECTION VIII. Any Sewer Surcharge made in accordance with this ordinance
shall be a debt of the owner of property served from the time the Sewer
Surcharge is levied. At any time after any Sewer Surcharges levied by the
b
City affecting any property served have ecome delinquent, the City may file
for record in the office of the San Diego County Recorder, a Notice of
Delinquent Sewer Surcharge as to such property served, which notice shall
state all amounts which have become delinquent with respect to such property
served and the costs (including attorneys fees), late penalties and interest
which have accrued thereon, and the amount of any Sewer Surcharges relating to
not. del i,q,e.t. T,e
served with the name
of the record or reputed record owner of such property, and the name and
address of the trustee authorized by the City to enforce the lien, if by
nonjudicial foreclosure as provided in Section 9 below. Immediately upon
recording of any Notice of Delinquency pursuant to the foregoing provisions of
this Section, the amounts delinquent, as set forth in such notice, together
with the costs (including attorneys' fees), late penalties and interest
accruing thereon, shall be and become a lien upon the property served
described therein, which lien also shall secure all costs (including
attorneys' fees), late penal ties and interest accruing thereon. In the event
the delinquent Sewer Surcharge and all other Sewer Surcharges which have
become due and payable with respect to the same property, together with all
costs (including attorneys' fees), late charges and interest which have
accrued on such amounts, are paid fully or otherwise satisfied prior to the
completion of any sale held to foreclose the lien provided for in this
ordinance, the City shall record a further notice, similarly signed, stating
the satisfaction and release of such lien.
SECTION IX. Each Sewer Surcharge lien may be foreclosed as and in the
same manner as the foreclosure of a mortgage upon real property under the laws
of the State of California, or may be enforced by sale pursuant to Sections
2924, 2924(b), 2924(c) and 1367 of the California Civil Code, or any successor
statute or law, and to that end, the right to enforce the lien by sale is
hereby conferred upon the City and its trustee designated in the Notice of
Delinquent Sewer Surcharge, or a trustee substituted pursuant to California
Civil Code Section 2934a. The City shall have the power to bid for the
Ordinance No. 2461
Page 5
property served at a foreclosure sale, and to acquire and hold, lease,
mortgage and convey the same. Suit to recover a money judgment for unpaid
Sewer Surcharge, costs, late penalties and attorneys' fees shall be
maintainable without foreclosing or waiving the lien securing the same. In
any action by the City to collect delinquent Sewer Surcharges, accompanying
late charges or interest, the prevailing party shall be entitled to recovery
of its costs and reasonable attorneys' fees.
SECTION X. When a Notice of Delinquent Sewer Surcharge has been
recorded, it shall constitute. a lien on that respective property by parcel' and
shall be prior and superior to all other liens except all taxes, bonds,
assessments and other levies which, by law, would be superior thereto. Sale
or transfer of any property served shall not affect the assessment lien.
SECTION XI. In the event such temporary sewer pump station is taken out
of service as a result of the development of gravity-flow sewer lines external
to and adjacent to the Area, or any zone thereof, the operations and
maintenance charge shall be discontinued; provided, however, that (a) such
surcharge may be continued after a pump station is taken out of service for
the purpose of providing for the cost of removal of the pump station and
connection to a gravity sewer system; (b) the surcharge shall not exceed the
average such assessment in prior years, and (c) such surcharges shall be used
solely for the actual connection of the EastLake Greens collection system to
the new trunk line or force main which rendered the temporary sewer pump
station necessary.
SECTION XII. All surcharge collections shall be placed in a separate
fund established for the purpose of administering this ordinance. All
interest accruing in such account shall remain therein.
SECTION XIII. This ordinance shall continue in full force and effect
until repealed. It is the intent of the City to repeal this ordinance upon
termination of the January 9, 1991 "Agreement to Provide for Sewer Pump
Station Maintenance and Operation to the EastLake Greens Tentative Map 88-3 of
the City of Chula Vista", in accordance with its terms.
SECTION XIV. The City Clerk of the City of Chula Vista is hereby
directed to publish this ordinance within fifteen (15) days after its passage
in the Chula Vista Star News, a newspaper of general circulation published in
the City of Chula Vista.
Ordinance No. 2461
Page 6
SECTION XV. This ordinance shall take effect and be in full force on the
thirtieth day from and after its adoption.
Presented by Approv as to f by
Booga '
~?hr. ~iI ~ city Atterne
Ordinance No. 2461
Page 7
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula
Vista, California, this llth day of June, 1991, by the following vote:
AYES: Councilmembers: Moore, Nader, Rindone
NOES: Councilmembers: None
ABSENT: Councilmembers: Malcolm
ABSTAIN: Councilmembers: None
LeOnard M. Moore'
Mayor Pro-Tempore
ATTEST:
~everly X. Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Ordinance No. 2461 had its first reading on
June 4, 1991, and its second reading and adoption at a regular meeting of said
City Council held on the 141h daj, of June, 1991.
Executed this llth day of June, 1991.
Beverly A. Authelet, City Clerk