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HomeMy WebLinkAboutRES-87-5038 (FEE/SEWER SYSTEM)• r LJ 0- 3 4 5 G 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 87- 5038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA ORDERING THE PREPARATION OF AN ORDINANCE PRESCRIBING FEES FOR THE PRIVILEGE OF CONNECTING ANY PARCEL WITHIN THE BOUNDARIES OF THE CITY OF HERMOSA BEACH DIRECTLY OR INDIRECTLY TO THE SEWERAGE SYSTEM, OR FOR INCREASING THE QUANTITY OF WASTEWATER ATTRIBUTABLE TO A CONNECTED PARCEL WITHIN THE CITY, AND PROVIDING FOR THE COLLECTION OF SUCH CHARGES. WHEREAS, for reasons of health and safety, it is necessary to maintain and rehabilitate the sewer system. WHEREAS, the Santina and Thompson report (titled: Sewer System Analysis -January, 1985) concluded that the City sewer system is in disrepair and is in need of rehabilitation. WHEREAS, all new construction and development which increase wastewater flow (when compared to existing conditions) contribute to the accelerated deterioration of the City's sanitary sewer system. This represents an added burden on the sanitary sewer system, an added expense to taxpayers and a potential negative environmental impact. WHEREAS, on March 24, 1987, after considering several alternatives, City Council approved a method to calculate the proportionate share of cost. This method considers the impacts of intensified land usage on the City's sanitary sewer system. Land usages which are not intensified do not negatively impact i the sanitary sewer system. WHEREAS, City Council's decision of March 24, 1987 represents the policy and method by which the City of Hermosa Beach calculates (Alternative No. 5) proportionate share of cost for intensified land usages which impact the sanitary sewer system. WHEREAS, The Santina and Thompson report identified 8319.7 - 1 - 1 • 2 • 3 4 5 6 7 8 9 10 11, 12' 13 • 14� 15 16 17 18 19 20I 21 22 23 • 24 251 26 27 28 sewer units within the City of Hermosa Beach. Using $168 per foot, in 1987 it is estimated to cost up to $30,000,000 to replace approximately 34 miles of sanitary sewer. The cost of one sewer unit is: $30,000,000 = $3,605.90 8319.7 WHEREAS, The fee calculation for a land usage which intensifies the wastewater flow is illustrated in the following example: Description Sewer Fee Sewer Units Existing Single Family House $ 3,605.90 1.00 Existing Duplex 42976.14 1.38 Total: $ 8,582.04 2.38 Proposed 5,000 s.f. Office Bldg. $ 6,852.21 1.90 Proposed 10,000 s.f. store 13,702.42 3.80 Total: $20,553.63 5.70 SUMMARY Credit for existing structures $ 8,582.04 2.38 Cost for proposed development 20,553.63 5.70 Net: $11,971.59 3.32 WHEREAS, On March 24, 1987 City Council directed staff to prepare a draft sewer connection fee for review and consideration, using Alternative No. 5, with an inflation factor. WHEREAS, the proposed fees are attached to this resolution as Exhibit "A". NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY RESOLVE: SECTION 1. After reviewing and considering Section 2 of this resolution staff is directed to prepare an ordinance similar - 2 - 1 • 2 3 • 4 • 0 0- 5 6 7 8 91 10 11 12 13 14 15 16 17 18 19 20 to the draft format presented in Section 2 herein, including any additions or deletions as approved by City Council. SECTION 2. The following shall constitute a draft regulation of sewer connection fees: PART I - GENERAL PROVISIONS SECTION 1.01 - SHORT TITLE This Ordinance shall be known as the "Connection Fee Ordinance for the City of Hermosa Beach" and may be cited as such. SECTION 1.02 - PURPOSE The purpose of this Ordinance is to impose charges for the privilege of connecting a parcel within the City directly or indirectly to the City's sewerage system as hereinafter defined :)r for increasing the quantity of wastewater attributable to a 3onnected parcel, and to provide for collection of said charges. Funds derived under this Ordinance shall be deposited in the ity's Sewer Fund. ECTION 1.03 - AUTHORITY he City Council is empowered to fix fees or charges for the rivilege of connecting to its sewerage system. 21 -ECTION 1.04 - ADMINISTRATION 22 The Director shall administer, implement, and enforce the 23 provisions of this Ordinance. Any powers granted to or duties 24 imposed on the Director may be delegated by the Director to 25 persons acting in the beneficial interest of, or in the employ of 26 ,the City. 27 SECTION 1.05 - VALIDITY 28 If any part, section, subsection, paragraph, sentence, clause or phrase of this Ordinance is held invalid or unconstitutional for 3 • 1 2 • 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 any reason by any court, that decision does not affect the validity or constitutionality of the remainder of this Ordinance. The City Council declares that it would have adopted each provision of this ordinance irrespective of the validity of any other provision. PART II - DEFINITIONS This Ordinance shall be construed according to the followi definitions: SECTION 2.01 - ADDED BURDEN An added burden shall mean any of the following: (1) A connection, direct or indirect, to the sewerage syste for the first time, of any structure located on a parcel(s) of land within the City. (2) An existing connection from a parcel where the number of sewer units attributable to said parcel has been increased due to construction of additional dwelling units or change in land usage. SECTION 2.02 - DIRECTOR Director shall mean the Director of Public Works of the City of Hermosa Beach or his duly authorized deputy or agent. SECTION 2.03 - PARCEL Parcel shall mean real property upon which an assessment is made. SECTION 2.04 - PERSON Person shall mean any individual, partnership, committee, association, corporation, public agency, and any other organization or group of persons, public or private. SECTION 2.05 - SEWERAGE SYSTEM Sewerage system shall mean the network of wastewater collection - 4 - • 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and conveyance, which are interconnected by means of sewers and owned in whole by the City. SECTION 2.06 - SEWAGE UNIT The average daily quantity of sewage flow from a single family home measured in terms of flow. SECTION 2.07 - UNIT OF USAGE Unit of usage shall mean the basic unit of measure which quantifies the degree of use of a particular parcel (e.g., dwelling unit, square footage). Square footage of an improvement shall be based upon the gross exterior dimensions of the structure. SECTION 2.08 - USER CATEGORY User category shall mean the specific land use classification for a particular parcel which is defined in terms of its use (e.g., single family home, restaruant). SECTION 2.09 - WASTEWATER Wastewater shall mean the water carried wastes of the community derived from human or industrial sources including wastewater of domestic origin and industrial wastewater. PART III - FEES SECTION 3.01 - CONNECTION FEES No person shall impose an added burden, as herein defined, to the sewerage system from any parcel within the boundaries of the City until an application for sewer connection has been made and approved by the Director and a connection fee has been paid to the City. Local governmental parcels shall not be subject to a connection fee under this Ordinance. (1) Any person imposing an added burden shall pay a connection - 5 -- 0 1 2 • 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 • 24 25 26 27 28 fee in accordance with this Ordinance. With respect to discharges which constitute an increase in the quantity of wastewater attributable to a particular parcel or operation already connected, the connection fee shall be based on the increase in anticipated use of the sewerage system. (2) A credit shall be allowed with respect to new construction replacing a demolished building which had been connected to the sewerage system or with respect to a change in use of a building which had been connected to the sewerage system. The credit for a demolished building shall be equal to the connection fee that would have been paid with respect to the most recently demolished building under the terms of this Ordinance and based on the current connection fee rate. The credit for a change in use of a building which had been connected to the sewerage system shall be based upon the units of usage existing immediately prior to construction of the improvement or occurrence that brought about the increased use and the current connection fee rate. If a demolished building or a building for which there was a former use had a prior connection fee application approved by the City, the credit provided for above shall be based upon the highest number of sewer units for which a connection fee application had been approved and the current connection fee rate. It shall be the responsibility of the applicant to demonstrate to the reasonable satisfaction of the Director the user category and the number of units of usage 6 - L� • • 0 1 2 3 4 5 G 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25' 26 27 28 applicable to a demolished building or a building for which there was a former use, and whether or not such building was connected to the sewerage system. The credit provided for (2) above shall be applicable only to the specific parcel upon which the demolition has occurred and may be allocable by the owner of such parcel if more than one building is being connected. (3) The City Council finds that under certain circumstances the transfer to a different parcel of a business operation discharging wastewater does not impose any additional burden on the sewerage system. A credit which shall be referred to as a relocation credit shall be allowed for the relocation to a different parcel of a business operation discharging wastewater upon the following requirements being met: (a) That essentially the same business operation has been transferred from one parcel to another and such operation was previously connected directly or indirectly to the sewerage system. (b) That the business operation was owned prior to the transfer by the same person now making claim to a relocation credit. (c) That the discharger has demonstrated to the satisfaction of the Director that the business operation has been abandoned from the parcel from which the transfer has occurred or presented a certification in, writing that such business operation will be abandoned within six months of the City approving an application for connection. Should the facility not be • • • • 0 1 2 3 4 5 G 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 abandoned within the prescribed period, the relocation credit shall be revoked and a connection fee with respect to the parcel to which the business operation was transferred shall be due and payable as of the date said parcel was connected to the sewerage system. The connection fee shall equal the product of the number of sewer units upon which the relocation credit was based and the current connection fee rate. (d) That the Director has made a determination that there is adequate capacity in the sewerage system to accommodate connection of the business operation to be transferred. In no case shall the credit provided for in subsections (2) or (3) above exceed the new connection fee. SECTION 3.02 - CALCULATION OF THE CONNECTION FEE (1) The connection fee for any parcel within the City's boundaries imposing an added burden to the sewerage system shall be based on anticipated use and shall equal the product of the estimated number of sewer units which will result from the added burden, as determined in paragraph (2) of this section, and the connection fee rate determined pursuant to Section 3.03 hereof. (2) Calculation of the Number of Sewe of sewage units (SU) shall be following formula: e Units -The number determined by the ! 1 2 • 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ! 24 25 26 27 28 �FLOWavgj SU = �FLOW sfhi where: FLOWsfh- Average flow of wastewater from a single family home in gallons per day; :'FLOWa�g = Estimated flow of wastewater which will enter the sewerage system from a user in gallons per day. (3) The number of sewer units attributable to a parcel from which no industrial wastewater is discharged shall be calculated using mean loadings per unit of usage for each connecting parcel's user category as adopted from time to time by the City Council of Hermosa Beach. The mean loadings per unit of usage for flow in gallons per day, shall be based upon the best data currently available, including updated sampling information and data from other jurisdictions and publications including the Board of Directors of the Los Angeles County Sanitation District. SECTION 3.03 - CALCULATION OF THE CONNECTION FEE RATE The estimate cost of the City sewer system divided by the estimated total number of sewer units in the City equals the cost of one sewer unit. This calculation is performed once annually. The cost of one sewer unit is hereinafter referred to as the connection fee rate. SECTION 3. That this resolution shall become effective immediately. P SSED, APPRO ,D,,4pd ADOPTED this 12th day of May, 1987. RESIDENT of City Council, and MAYOR of the City of Hermosa Beach alifornia. ATTES ; APPROVED A TO FO EXHIBIT "A" CITY OF HERMOSA BEACH UNITS OF USAGE, FLOW, SEWER UNITS AND CONNECTION FEE July 1, 1986 - June 30, 1987 L.0 USE CATEGORIES (1) R DENTIAL GLE FAMILY HOME UPLEX TRIPLEX FOURPLEX CONDOMINIUMS REDUCED SFH > OR = FIVE UNITS MOBILE HOME PARKS COMMERCIAL HOTELS/MOTELS/RM. HOUSES STORES SUPERMARKET SHOPPING CENTER OFFICE BUILDING PROFESSIONAL BUILDING RESTAURANT INDOOR THEATRE CAR WASH - TUNNEL TYPE CAR WASH - WAND TYPE FINANCIAL INSTITUTION SERVICE SHOP MAL KENNEL VICE STATIONS AUTO SALES/REPAIR WHOLESALE OUTLETS NURSERIES/GREENERIES MANUFACTURING DRY MANUFACTURING LUMBER YARDS WAREHOUSING OPEN STORAGE DRIVE-IN THEATRE NIGHT CLUB HOWLING/SKATING CLUB AUDITORIUM, AMUSEMENT GOLF COURSES, CAMP & PARK HOMES FOR THE AGED LAUNDROMAT MORTUARIES/CEMETERIES HEALTH SPA, W/SHOWERS ALTH SPA, W/O SHOWERS I ITUTIONAL OLLEGES/UNIVERSITIES PRIVATE SCHOOLS URCHES (1 Obtained from the LA (2) Effective from July Sanitation District (3) Sewer units = FLOW (1) (2) (3) SEWER SEWER CONNECTION UNIT OF USAGE FLOW(GPD) UNITS FEE PARCEL 260.00 1.00 $ 3,605.90 PARCEL 360.00 1.38 4,976.14 PARCEL 540.00 2.08 7,500.27 PARCEL 720.00 2.70 9,735.93 NO. OF UNITS 180.00 0.69 2,488.07 PARCEL 180.00 0.69 " NO. OF UNITS 180.00 0.69 It SPACES 180.00 0.69 it ROOMS 100.00 0.37 1,334.18 1,000 SQ. FT. 100.00 0.38 1,370.24 1,000 SQ. FT. 100.00 0.38 " 1,000 SQ. FT. 100.00 0.38 it 1,000 SQ. FT. 200.00 0.77 2,776.54 1,000 SQ. FT. 300.00 1.15 4,146.78 1,000 SQ. FT. 1,000.00 3.85 13,882.71 1,000 SQ. FT. 500.00 1.92 6,923.33 1,000 SQ. FT, 3,700.00 14.23 51,311.96 1,000 SQ. FT. 700.00 2.69 9,699.87 1,000 SQ. FT. 100.00 0.38 1,370.24 1,000 SQ. FT. 100.00 0.38 11 1,000 SQ. FT. 100.00 0.38 " 1,000 SQ. FT. 100.00 0.38 1,000 SQ. FT. 100.00 0.38 " 1,000 SQ. FT. 100.00 0.38 1,000 SQ. FT. 25.00 0.003 10.82 1,000 SQ. FT. 200.00 0.77 2,776.54 1,000 SQ. FT. 25.00 0.003 10.82 1,000 SQ. FT. 25.00 0.10 360.59 1,000 SQ. FT. 25.00 0.10 1,000 SQ. FT. 25.00 0.10 " 1,000 SQ. FT. 20.00 0.08 288.47 1,000 SQ. FT. 750.00 2.88 10,384.99 1,000 SQ. FT. 150.00 0.58 2,091.42 1,000 SQ. FT. 20.00 0.08 288.47 1,000 SQ. FT. 350.00 1.35 4,867.96 1,000 SQ. FT. 100.00 0.38 1,370.24 BED 90.00 0.35 1,262.07 1,000 SQ. FT. 4,600.00 17.69 63,788.37 1,000 SQ. FT. 100.00 0.38 1,370.24 1,000 SQ. FT. 600.00 2.31 8,329.63 1,000 SQ. FT. 300.00 1.15 4,146.78 STUDENT 20.00 0.08 288.47 1,000 SQ. FT. 200.00 0.77 2,776.54 1,000 SQ. FT. 50.00 0.19 685.12 County Sanitation District 1, 1986 to June 30, 1987 for the South Bay Cities (by land use category) ; FLOW (of single family house) - 1 - STATE OF CALIFORNIA ) • COUNTY OF LOS ANGELES ) CITY OF HERMOSA BEACH ) • I, KATHLEEN MIDSTOKKE, City Clerk of the City of Hermosa Beach, California, do hereby certify that the foregoing Resolution No. 87-5038 was duly and regularly passed, approved and adopted by the City Council of the City of Hermosa Beach at a regular meeting of said Council held at the regular meeting place thereof on May 12, 1987. The vote was as follows: AYES: Rosenberger, Simpson, Williams, Mayor Cioffi NOES: DeBellis ABSENT: None ABSTAIN: None DATED: May 20, 1987 0 0— - '; - I � n -'2 /� �/--- Kathleen Nidstokke, City Clerk