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Item 6 - Resolution Fixing and Determing Sewer Related Fees AGEND~PORTSUMMARY ,- TO: Honorable Mayor and MemberS~y Council FROM: James L. Bowersox, City Man - John D. Fitch, Assistant City Manager~1r '" INITIATED BY: Mark S. Weston, Director of Engineering Service.~ Javid Siminou, Senior Civil Engineer ~ Kathy L. Cerini, Assistant Civil Engineer II~ DATE: November 28, 1995 SUBJECf: A Resolution Fixing and Determining Sewer Related Fees: Sewer Connection Fees, North Basin Surcharge, Indirect Benefit Fee, Annexation Fees, Sewer Line Charge, Sewer Extension Line Charge, Inspection, and Construction Fees for Sewer Service; Rescinding Resolution 94-084 Establishing Criteria for Sewer Reservation and Amending Criteria for Sewer Connections ABSTRACf Resolution 94-084 established the criteria for sewer connection fees for general retail, commercial, and industrial buildings. The action will establish consistent criteria with sewer reservations, with structures between 2,000 and 10,000 square feet, and with the sewer capacity currently being used by industrial development in the South Poway Business Park Planned Community. In addition, the proposed resolution establishes criteria for calculating sewer capacity for letters of availability (LOA) for general retail, commercial, and industrial developments. - Lastly, the State Board of Equalization has increased their processing fee for sewer annexation. ,The proposed resolution will resolve the inconsistencies, establish LOA criteria, and update the State fees. ENVIRONMENTAL REVIEW This action is not subject to CEQA review. FISCAL IMPACf The adoption of this resolution will not affect connection fee or annexation fee revenue. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE Notice was published in the Powav News Chieftain and sent to Neville Bothwell, Tech Business Centre; George Codlina, Burlich; and Sam Craia, Cadillac-Fairview. RECOMMENDATION It is recommended that the City Council close the public hearing and adopt the attached resolution fixing and determining sewer related fees, rescinding resolution 94-084, establishing criteria for sewer reservation, and amendin9 criteria for sewer connections. ACTION - 1 OF 10 NaV 2 8 1995 ITEM .6 -""-~--- - AGENDA REPOR1" CITY OF POW A Y TO: Honorable Mayor and Members of City Council FROM: James L. Bowersox, City Man~ ~ INITIATED BY: John D. Fitch, Assistant City Manager~~ ~ Mark S. Weston, Director of Engineeri~ Service~ Javid Siminou, Senior Civil Engineer Kathy L. Cerini, Assistant Civil Engineer II~ DATE: November 28, 1995 SUBJECT: A Resolution Fixing and Determining Sewer Related Fees: Sewer Connection Fees, North Basin Surcharge, Indirect Benefit Fee, Annexation Fees, Sewer Line Charge, Sewer Extension line Charge, Inspection, and Construction Fees for Sewer Service; Rescinding Resolution 94-084 Establishing Criteria for Sewer Reservation, and Amending Criteria for Sewer Connections BACKGROUND On July 12, 1983, the City Council adopted Ordinance 107 thereby authorizing all sewer fees and charges to be set by resolution of the Council. On January 8, 1991, the City Council adopted Ordinance 333 establishing an allocation plan and criteria for the issuance of letters of availability. On January 18, 1994, the City Council adopted Ordinance 428 establishing a new sewer extension line charge for certain sewer pipelines constructed with sewer fund monies. On August 2, 1994, the City Council adopted Resolution 94-084 which consolidated the previous resolutions which established sewer fees and charges and amended the criteria for sewer connections. FINDINGS Resolution 94-084 established that general retail, commercial, and industrial buildings between 2,000 square feet and 10,000 square feet be charged sewer connection fees based on square footage. However, general retail, commercial, and industrial buildings in excess of 10,000 square feet are charged sewer connection fees based on fixture units. Therefore, a building greater than ACTION: )) 2 OF 10 NOV 281M" ITEM " A Resolution Fixing and Determining Sewer Related Fees November 28, 1995 Page 2 - 10,000 square feet with only a few fixture units could pay less for sewer capacity than a smaller building with the same number of fixtures. To resolve this problem, owners of general retail and commercial will use a minimum criteria of 1 EDU per 2,000 square feet or a fixture count method, whichever is greater. In addition, a study of the businesses in South Poway Business Park Planned Community has indicated that the light industrial developments are using less sewer capacity than the 1 EDU per 2,000 square feet that they are required to purchase. A criteria of 1 EDU per 6,000 square feet or a fixture unit count more accurately reflects the true capacity used in light industrial developments. In order to resolve these inconsistencies, the proposed resolution establishes two approaches to calculate capacity. One approach is to use a minimum criteria of 1 EDU per 6,000 square feet and the second approach is to use a fixture count method, whichever is greater, for industrial buildings. In addition, the proposed resolution establishes criteria for calculating sewer capacity for letters of availability consistent with the future connection fee methods for general retail, commercial, and industrial developments. In a related action, the State Board of Equalization has increased their processing fee for sewer annexation. The proposed resolution reflects the State Board's new fee schedule. These revisions are reflected as highlights and strike-outs on Attachment 1. ENVIRONMENTAL REVIEW This action is not subject to CEQA review. FISCAL IMPACT The adoption of this resolution will not affect connection fee or annexation fee revenue. PUBLIC NOTIFICATION AND CORRESPONDENCE Notice was published in the Powav News Chieftain and sent to Neville Bothwell, Tech Business Centre; George Codling, Burlich; and Sam Craig, Cadillac- Fairview. RECOMMENDATION It is recommended that the City Council close the public hearing and adopt the attached resolution fixing and determining sewer related fees, rescinding resolution 94-084, establishing criteria for sewer reservation and amending criteria for sewer connections. JLB/JDF/MSW/JS/KLC/bw ATTACHMENTS: 1. Proposed Resolution NOV 2 8 1995 ITEM .6 3 OF 10 Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY G9NE9UB.'ITING TilE F9LL91IING ~lxItRl_:!_~lIMtlt. SEWER RELATED FEES: SEWER CONNECTION"FEES;"'NoR1HwBASnrSiJRCHARGE, INDIRECT BENEFIT FEE, ANNEXATION FEES, SEWER LINE CHARGE, SEWER EXTENSION LINE CHARGE, INSPECTION, AND CONSTRUCTION FEES FOR SEWER SERVICE; RESCINDING RESOLUTION 83 959 83 952 81 991, i,Hdi~;~i;,"'iTii~ltll.""~t"I~!~I'fgl~ WHEREAS, Ordinance No. 107 has been adopted by the City Council authorizing all sewer fees and charges to be set by resolution of the Council; and lil.IIIIIIJII'111"lllllllllllltr'-li~ WHEREAS, Ordinance No. 428 has been adopted by the City Council authorizing the sewer extension line charge; and .B.i;\[_IHI,ilit!tI!11B.ili:~!11~.~Jl.!!I9.,f: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Poway does hereby resolve as follows: Section 1: Schedule of IiIlli0Bii~~0iii1@sewer Connection Fees The following schedule of fees applies to sewer connections from unit(s) to City's main, transmission, or collector lines: Sinole Familv Residence (I unit) $2,356.00 Duolexes and Triolexes (per unit) $2,356.00 Other Hultiole Dwellinos or Condominiums (per unit) $2,356.00 A unit is defined as a family living space(s) consisting of, but not limited to, a kitchen, bath, living rooms, and bedrooms under a common roof or airspace. General Retail ItiJ Commercial. aA~ IA~Hstrial?~~~~filil~~~f: 1IIIIrjl.ii.I.I"'11111111_11111111I11111.1~11I Buildings not exceeding 2,000 square feet in gross area (1 unit) $2,356.00 BYilsiAgs iA exeess af 2,eg9 s~Yape feet aRs less tRiA SY e~ual te 19,999 s~Hare feet will he eha'ge~ far aAe (1) [BY far the first 2,999 S~Hare feet ~lys BRe (1) EDY fey eash assitieRal 2,999 s~Yare feet af grass area. PertieRs less tRiA 2,ege s~Yare feet shall he ~'erate8 te the Rearest 8Re teAth (9.1) af aA [BY. (Per [BY) 52,356.99 illt;iidliliillli,t~lililiilill~lllitlliii (1)"EDU"fiir"fhe"'ffrsf"'four"(4)~"les's"'ffiture"'uiiitS','pl'uSiirie"" (1) EDU for every additional four (4) fixture units ifi~~Vi, NOV 2 8 ,qqS ITEM 6 4 OF 10 - - Resolution No. 95- Page 2 -- ~~1;:m;"0B".11.1I1i";1:;~{IIIM_-llj~~ ~..~::':;::~~1~~~::::.OO ~~ii.II'llI111111~11I1'"1I\ll11Ilplligi[ljiDJI~i A fixture unit is any device(s) or appliance(s) which are supplied with water or which receive liquid or liquid borne wastes and discharge such waste into the sewer system. Each device or appliance shall count as one (1) fixture regardless of its load-producing effects. EDU's for industrial or commercial processes will be calculated based on waste water discharged. r 888 Ser';ers fees Serviee faeilities Rat eMeese;..! 2,999 s~uare feet ;.. gress area $2,356.99 fees ,["viee faeilities ,peater tAaA 2,099 s~Yare feet af gress area will he tAarles eRe (1) [BY far the first feyr (1) 8f' less fixture HRits ,1Hs BAe (1) [BY fer every additisRal feyr (1) fixture HRits. ~ElEI;ti8Ral fixture HRits less thaft fa~r (1) shall ~e ,rarate~ ta the ftearest afte teftth (9.1) af aft E9Y. A food server is any retail establishment selling a food product. (Per EDU) $2,356.00 . IllImD1 .. .. ". .... ,",. . .'..... ....~..:.:~.:...:.. 1.~~ji~'~:'..;.:~~~1I111111111f_._IB~ RmBiitll<"7"'''''''m.. . '.. . ...." '"..l ..",o'..\BB1.t:lrli)'l."~i"~1IfII_~J~ mrl'h"IB'" ."".. ... .'""r""O"II".'.'.... "'.i'lJj -.- mnir' liBl' ..1I << ,,1..,.tr"'tti,lljf'lilrtii,1I1\if'" ~~_i:">;.jlf&4I':":.,f\1Irtt_~1l!l,llt;,)l(~J!,;J;.:lP'II~~I;'. ii!uIIllllt)_II_.I"I'11I111.li'j;~gi!{BBlJ~li Laundromats (per unit) $2,356.00 A unit is defined as two (2) washing machines. Schools (public and private)/Student Facilities (per unit) $2,356.00 NOV 2 8 1995 ITEM b 5 OF 10 - - ----- Resolution No. 95- Page 3 A unit is defined as, but not limited to: Facility design (student capacity) times 12 (gallons per day per person) divided by 250 gallons per day. (School Caoacitvl x 12 = Units 250 The units shall be rounded to the nearest one tenth (0.1). Other school facilities (administration and maintenance) are the same as for General Retail, Commercial, and Industrial Buildings. Churches (per unit) $2,356.00 Churches will be charged one (1) EDU for the first four or less fixture units plus one (1) EDU for every additional four (4) fixture units. Additional fixture units less than four (4) shall be prorated to the nearest ene tenth ~ If;.MI.n\U~jLqtil~ of an EDU. Motels Fi rst unit $2,356.00 Second and succeeding units $2,356.00 Motel units are defined, but not limited to, a separate living facility customarily rented by the day, week, or month. Mobile Home Park (including common facilities) (per mobile home unit) $2,356.00 Unclassified Uses In the event that a proposed use does not fall within one of the foregoing classifications, the applicant for a connection to the City's sewer system shall submit the proposed use to the Director of Engineering Services. The Director of Engineering Services shall set an appropriate usage and subsequent connection fee for the proposed use based upon an estimate of the daily sewer flow. Section 2: North Basin Surcharoe A surcharge for wastewater capital improvements in the amount of one thousand dollars ($1,000.00) per equivalent sewer unit, will be charged for all new sewer connections in the North Basin of Poway. A map indicating the approximate dividing line between the North and South Basin is attached as Exhibit "A." This charge shall be in addition to any other fees and charges set forth in City of Poway resolutions. Section 3: Indirect Benefit Fee All properties using facilities constructed with the Green Valley Improvement District 80-1 and the Valle Verde/Green Valley Trunk Sewer, that receive sewer service through sewer extensions from these systems shall pay an Indirect Benefit Fee of five hundred dollars ($500.00) per equivalent dwelling unit. NOV 28 1995 ITEM .6 n 6 OF 10 - - Resolution No. 95- Page 4 - The Indirect Benefit Fee shall be in addition to any other fees and charges set forth in City of Poway resolutions. Section 4: Annexation Fees A. Annexation Fee The minimum fee for annexation to the City sewer service shall be four hundred dollars ($400.00). For property in excess of one (1) acre an additional fee of forty dollars ($40.00) shall be charged for each one tenth (0.1) of an acre or any portion thereof. B. Annexation Administration Fee An annexation administration fee of four hundred and seventy-five dollars ($475.00) shall be charged to process the annexation. This fee is in addition to the annexation fee stated in the above section. C. State Fee The State Board of Equalization processing fee is dependent upon the gross acreage of the property to be annexed and is as shown in the following table. ^EPeaae ~ 9 19 $ 169.99 11 29 $ 189.99 21 69 $ 259.99 61 199 $ 359.99 191 669 $ 189.99 661 1599 $ 799.99 1591 3999 $ 999.99 3999 6999 $1, 299. 99 aver &999 $1, 759.99 ___tljl:'11!~f.~I;!:~~1.'" . The Annexation fee, administration fee, and State fee are due and payable to the City of Poway at the time of application for sewer capacity and prior to connection. - Section 5: Sewer Line Charae A minimum sewer line charge of two thousand dollars ($2,000.00) shall be payable to the City for all sewer lateral connections made to existing sewer lines which have been constructed and paid for by the City or persons other 7 OF 10 NOV 2 8 1995 IlEM 6 Resolution No. 95- Page 5 than the current property owners or their predecessors in ownership receiving the benefit of the line. Owners whose property frontage along the main is in excess of 100 feet shall pay an additional twenty dollars ($20.00) per lateral foot for each foot or portion thereof in excess of 100-feet to the nearest tenth (0.01) of a foot. Properties that are adjacent to more than one sewer main (corner lots) shall pay line charges based on frontage of the sewer main into which their lateral connects. Those properties deriving the benefit of an existing sewer line for which a reimbursement agreement between the developer and the City is valid shall pay a line charge according to the terms of the reimbursement agreement. The sewer line charge shall be in addition to any other fees and charges set forth in City of Poway ordinances and resolutions with the exception of the sewer extension line charge. Section 6: Sewer Extension Line Charae At the time of application for connection to a sewer main installed by the City and funded by the Sewer Fund and constructed after February 17, 1994, the applicant shall pay a sewer extension line charge. Said line charge shall be $5,600.00 per parcel. For those properties whose sewer connections are subject to the sewer extension line charge, the sewer line charge is not appl icable. Otherwise, the sewer extension line charge stated herein shall be in addition to any other fees and charges set forth in City of Poway resolutions. This charge shall be collected at building permit issuance for new construction or application to construct a sewer lateral for existing dwell ings. Section 7: InsDection and Construction Fees All applicants for new connections to the City's disposal system shall be required to pay at the time of executing an application for new service the following fees: A. InsDection Fee This is a fee to cover the costs of inspecting such new connections for compliance with the City standards and specifications for such new connections. The inspection fee shall be twenty-five dollars ($25.00) for each connection for single family residences (subdivisions and individual lots), office buildings, commercial/industrial buildings, apartments, motels, and other structures requiring one lateral connection to City's facilities regardless of size of lateral connection. B. Construction Fee This is a fee to cover the labor and material costs for the installation of a cleanout box at the edge of the City's right-of- way. The construction fee shall be fifty dollars ($50.00) per lateral cleanout for single family residences, office buildings, commercial/industrial buildings, apartments, motels, and other structures requiring one lateral connection to City's facilities. For subdivisions and other developments whereby the subdivider or developer installs a right-of-way cleanout along with construction of the main and individual laterals, the sewer lateral right-of-way 8 OF 10 NaV 2 8 1995 ITEM 6 Resolution No. 95- Page 6 cleanout will be adjusted to grade by City forces after final lot grading and in conjunction with the water meter installation. The construction fee is fifty dollars ($50.00) per lateral. PASSED, ADOPTED, AND APPROVED, by the City Council of the City of Poway, California, at a regular meeting this 2A8 sf A~g~st, 1994 ~~~lill;~II~. Don Higginson, Mayor ATTEST: Marjorie K. Wahlsten, City Clerk STATE OF CALIFORNIA ) - ) ss. COUNTY OF SAN DIEGO ) I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify under the penalty of perjury, that the foregoing Resolution No. 94- ~~# was duly adopted by the Cit1:_C()!i'l~iL~t,a meeting o~ said City Councrrheld on ~~~1~:1n:fv~~:~5t, 1991 ~i~@11II and that lt was so adopted by the AYES: NOES: ABSTAIN: ABSENT: Marjorie K. Wahlsten, City Clerk City of Poway -- NOV 2 8 1995 ITEM b d 9 Of 10 _.._-~."- - / ----- _N~TH BAS r.u.. _ _ SOUTH BASIN -- Pe...." EXHIBIT "A" 10 OF 10 NOV 2 8 1995 ITEM b