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Home My WebLink AboutOrdinance No.s 3504, 3505, 3506 Establishing Sewer Service U (2) i/b/a I , , ``. � L. Council/Agency Meeting Held: /04 Deferred/Continued to: ! l Approved ❑ Conditionally Approved ❑ Denied .L. 7,City rk's ignature Council Meeting Date: December 15, 2003 Department ID Number: PW 03-077 G C CITY OF HUNTINGTON BEACH w z REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY: RAY SILVER, CITY ADMINISTRATOR 1:2 . ` PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works SUBJECT: Adopt Resolution Modifying the Sewer System Charge (\)D,, OD3-,n Statement of Issue, Funding Source, Recommended Action,Alternative Action(s),Analysis, Environmental Status,Attachment(s) Statement of Issue: The Sewer System Connection Charge that was adopted July 7, 2003, incorrectly listed the charge for multiple-family dwellings. The attached resolution contains the correction as presented in the adopted Sewer System Master Plan. Funding Source: The corrected calculation will provide $1,292 per each multiple-family dwelling unit to the Sewer Fund. Projected revenues to the Sewer Fund were based on this charge. Recommended Action: Motion to: Adopt Resolution No. (Y)3—?' A Resolution of the City Council of the City of Huntington Beach Modifying the Sewer System Charge for a Multiple-Family Dwelling Unit. Alternative Action(s): Do not adopt the resolution and retain charges as originally adopted. This action would result in a loss of revenue to the Sewer Fund, and conflict with the Sewer Master Plan recommendations. CCv r;}1AN 6ti N l Cjet l �-3 REQUEST FOR ACTION MEETING DATE: December 15, 2003 DEPARTMENT ID NUMBER: PW 03-077 Analysis: On July 7, 2003, the City Council adopted Resolution 2003-52, which established the Sewer System Charges per the adopted Sewer System Master Plan. The charge adopted for multiple-family dwelling units was incorrectly listed as "per each sewer connection". The charge, as presented in the Master Plan, should be listed as "per multiple- family dwelling unit". The proposed resolution corrects this oversight, and will allow the charges to be applied in accordance with the Master Plan. The charge affects new development or increased capacity needs for a redeveloped property. It is a one-time charge for connection to the City sewer system. Public Works Commission Action: Not required. Environmental Status: Not applicable Attachment(s): City Clerk's Page Number No. Description 1 Resolution No. �"0u1-7 2 RCA Author: L. Daily G:\R C A\2003\03-07'7 December 15 Daily(Adopt Sewer connection charge for MFD).doc -2- 11/12/2003 3:18 PM ATTACHMENT # 1 y RESOLUTION NO. 003— g A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH MODIFYING THE SEWER SYSTEM CHARGE FOR A MULTIPLE FAMILY DWELLING UNIT WHEREAS, on July 7,2003 the City Council adopted Resolution No.2003-52 adopting the Sewer Master Plan for the City of Huntington Beach; and By Resolution No. 2003-52, the Sewer System Charge for a Multiple Family Dwelling Unit was established; and Since the adoption of Resolution No. 2003-52, it has become pecessary to redefine the Sewer System Charge for a Multiple Family Dwelling Unit, NOW, THEREFORE,the City Council of the City of Huntington Beach does hereby resolve as follows: 1. The Sewer System Charge of$1,292.00 shall be imposed per each Multiple Family Dwelling Unit as defined in Chapter 14.36. • BE IT FURTHER RESOLVED by the City Council of the City of Huntington Beach that the fees set forth above and adopted by this Resolution shall be effective sixty days following the adoption of this Resolution, and continue thereafter. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 15th day of December , 200 3 . ATTEST: 04164fr CitydIfliGe• Clerk Ma or REVIEWED AND APPROVED: APPROVED AS TO FORM: 1 City Admin trator ity Attorn �1 ,24/03 �1ITIA D AND AP VED: Director of Public Works 03reso/sewer fees amend/I 1/25/03 Res. No. 2003-88' STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) • I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerl'of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at an regular meeting thereof held on the 15th day of December, 2003 by the following vote: • AYES: Coerper, Hardy, Green, Boardman, Cook, Houchen NOES: Sullivan ABSENT: None ABSTAIN: None Sm G. .v City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California RSA ROUTINi SHEET INITIATING DEPARTMENT: PUBLIC WORKS SUBJECT: Adopt Resolution Modifying the Sewer System Charge COUNCIL MEETING DATE: December 15, 2003 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FOR A DED Administrative Staff ( ) ( / ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) ( ) ( ) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: (Below Space For City Clerk's Use Only) RCA Author L. Daily x 5599 PROOF OF PUBLICATION Notice of Pubic Hearing �a City Council meeting of STATE OF CALIFORNIA) December 15,2003 Sewer System(barge Modification S S. for Multiple Fondly Dwe&ng unit County of Orange ) -NOTICE IS HEREBY QIVEN that a public (fearing will be held by Ge City Council at the ICivic Center Council am a Citizen of the United States and a (chambers, 2000 Main Stree Huntington resident of the County aforesaid; I am Erbach, at the hourt, of ZOO p.m. or as soon over the age of eighteen years, and not a thereafter as possible on Monday the 15th of party to or interested in the below December, 2003 for the purpose of adopting a entitled matter. I am a principal clerk of resolution modifying foe • sewer system charge for dwell- the HUNTINGTON BEACH INDEPENDENT, a ug uulnitle The 'p�posed resolution is pursuant to newspaper of general circulation, printed Ohapter 14.36 of the Huntington Beach Mu- and published in the City of Huntington r�opal that au- tborizes the City Council Beach, County of Orange State of ta collect fees and charges as a condition California, and that attached Notice is a precedent p�cation°granting er true and complete copy as was printed connection or an in- crease in water meter size. The fees and and published in the Huntington Beach charges authorized by Chapter 14.36 may not and Fountain Valley issues of said exceed the estimated reasonable cost of newspaper to wit the issue(s) of: e City' facilities form the City's sewer system that will benefit the person being charged. The proposed charges ye in accordance with the recommendations in the adopted Sewer Plan. November 20, 2003 Master'The complete ete report of the SeAr Master Plan is available for review by the public, in the Public Works Depart- ment, first floor, or the City Clerk's Office, I declare, under penalty of perjury, that second floor, of City l?all, 2.000. Main Street, the foregoing is true and correct. l untington Beach be- tween the hours of 8:00 aim. and 5:00 p.m. Monday through Friday. Interested persons may also contact Lima Daily Executed on November 20 , 2nnl or Todd Broussard of the Public Works De- at Costa Mesa, California. partment at 714,536- 5431 to receive addi- tional information. All citizens are invited to attend the public hearing and express their opinions for or against the adoption of the resolution. Written communications to the City' Council may be • directed to the City Clerk prior to the date ignature and time of the public hearing. • Connie Brockway, City Clerk,City of Huntington Beach Dated:November 17, • 2003 <� Published Huntington \ �, Beach Independent No- vember 20,2003 113-892 7 ram, • 64. ' f' -Y i . r Awl. MEETING DATE: December 15, 2003 DEPARTMENT SUBJECT: REQUESTING: Public Works Adopt Resolution Modifying the Sewer fee TODAY'S DATE November 13, 003 VERIFIED BY ADMININSTRATION: 11 APPROVED BY: Ray Silver City Administrator -----D...--3 November 13,2003 3:24 PM . l -03 CITY COUNCIL/REDEVELOPMENT AGENCY PUBLIC HEARING REQUEST SUBJECT: /f- 4;pi— ✓2 V,—i0•J �D//m,i 72 >E '1f SySTE.j C wig1 G E f%02 /r) 41X 7'/P4£ 7..7 Aw E.c.Ci•✓6 S DEPARTMENT: fOd6/c/ Z ciP,.iS MEETING DATE: jam/ CONTACT: //'!.)/9 L 7-, PHONE: 3 N/A YES NO ( ) (:. ) ( ) Is the notice attached? ( ) (:, ) ( ) Do the Heading and Closing of Notice reflect City Council (and/or Redevelopment Agency)hearing? ( ) ( ) ( ) Are the date, day and time of the public hearing correct? (: ) ( ) ( ) If an appeal, is the appellant's name included in the notice? (. ) ( ) ( ) If Coastal Development Permit,does the notice include appeal language? (. ) ( ) ( ) Is there an Environmental Status to be approved by Council? (. ) ( ) ( ) Is a map attached for publication? ( ) ( ) (4 Is a larger ad required? Size (, ) ( ) ( ) Is the verification statement attached indicating the source and accuracy of the mailing list? (, ) ( ) ( ) Are the applicant's name and address part of the mailing labels? (. ) ( ) ( ) Are the appellant's name and address part of the mailing labels? ( ) ( ) ( ) If Coastal Development Permit, is the Coastal Commission part of the mailing labels? ( - ) ( ) ( ) If Coastal Development Permit, are the resident labels attached? ( ) ( ) ( ) Is the Report 33433 attached? (Economic Development Dept. items only) Please complete the following: 1. Minimum days from publication to hearing date ' J 2. Number of times to be published 3. Number of days between publications ,N /79" 21 gUJt1 //-2—& Notice of Public Hearing for City Council meeting of December 15, 2003 S Ew F R 5 y s t-F.rn Gh,,,, e'- ti/oc�s 7ca1�a., P2 /AUI FA,m c l y t- NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council at the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, at the hour of 7:00 p.m., or as soon thereafter as possible on Monday the 15th of December, 2003 for the purpose of adopting a resolution modifying the sewer system charge for a multiple family dwelling unit. The proposed resolution is pursuant to Chapter 14.36 of the Huntington Beach Municipal Code that authorizes the City Council to collect fees and charges as a condition precedent to granting an application for sewer connection or an increase in water meter size. The fees and charges authorized by Chapter 14.36 may not exceed the estimated reasonable cost of providing facilities for the City's sewer system that will benefit the person being charged. The proposed charges are in accordance with the recommendations in the adopted Sewer Master Plan. The complete report of the Sewer Master Plan is available for review by the public in the Public Works Department, first floor, or the City Clerk's Office, second floor, of City Hall, 2000 Main Street, Huntington Beach between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. Interested persons may also contact Linda Daily or Todd Broussard of the Public Works Department at 714-536-5431 to receive additional information. All citizens are invited to attend the public hearing and express their opinions for or against the adoption of the resolution. Written communications to the City Council may be directed to the City Clerk prior to the date and time of the public hearing. C ttoQ,k.�� CLAM< Pj: 000,,,.,br t�, a-003 iquaidtf ..4 ..1 few Notice of Public Hearing for City Council meeting of December 15, 2003 s ELL)E K S y s t-E f i CkFr�( 4 oc+t✓�1ica.fia F� �lvl I-.pi FPrm 1( —QQ�;�C- V Ki NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council at the Civic Center Council Chambers,2000 Main Street, Huntington Beach, at the hour of 7:00 p.m., or as soon thereafter as possible on Monday the 15th of December, 2003 for the purpose of adopting a resolution modifying the sewer system charge for a multiple family dwelling unit. The proposed resolution is pursuant to Chapter 14.36 of the Huntington Beach Municipal Code that authorizes the City Council to collect fees and charges as a condition precedent to granting an application for sewer connection or an increase in water meter size. The fees and charges authorized by Chapter 14.36 may not exceed the estimated reasonable cost of providing facilities for the City's sewer system that will benefit the person being charged. The proposed charges are in accordance with the recommendations in the adopted Sewer Master Plan. The complete report of the Sewer Master Plan is available for review by the public in the Public Works Department, first floor, or the City Clerk's Office, second floor, of City Hall, 2000 Main Street, Huntington Beach between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. Interested persons may also contact Linda Daily or Todd Broussard of the Public Works Department at 714-536-5431 to receive additional information. All citizens are invited to attend the public hearing and express their opinions for or against the adoption of the resolution. Written communications to the City Council may be directed to the City Clerk prior to the date and time of the public hearing. CLA1 CU i'K I b` ec : �Vov�^'►b�^ l7, -003 MFD Sewer Connection Charge Sewer System Connection Charge co r • Modification to Multi-Family -o (D Dwelling Unit Charges for Construction of New Developments Sewer Connection Charge Sewer charges to new multi-family dwelling development (MFD) adopted on July 7, 2003 was stated as per each connection -* The adopted Sewer Master Plan (SMP) calculated MFD per each dwelling unit Proposal is a minor revision to maintain consistency with SMP 12/15/03 2 Late Communication Item D - 3 1 MFD Sewer Connection Charge MFD Sewer Connection Charge 4 Proposed modification affects only new construction or increased capacity for MFD projects, such as apartment buildings 4Charge as determined in the Sewer Master Plan is $1 ,292 per dwelling unit 4 Revision is proactive - No inaccurate charges have been collected 12/15/03 3 Late Communication Item D -3 2 • O) CITY OF HUNTINGTON BEACH Inter-Department Communication TO: CONNIE BROCKWAY, City Clerk FROM: JENNIFER MCGRATH, City Attorney DATE: July 9, 2003 SUBJECT: Ordinance No. 3613, Introduced July 7, 2003, Agenda Item D-2 At its regularly scheduled meeting on July 7, 2003, the City Council of the City of Huntington Beach approved the introduction of Ordinance No. 3613 as revised to reflect that the Construction Cost Index shall be used in place of the Consumer Price Index for purposes of determining the annual adjustment for the fee established by said ordinance. Attached please find the revised pages of the Ordinance No. 3613 and the legislative draft that reflect the direction of the City Council. 1)(VC7LA---) NNIFER MCGRATH City Attorney /lm c: Robert Beardsley, Director of Public Works David Webb, City Engineer Todd Broussard, Principle Civil Engineer • _/2 G:\Mulvihill\03 memos\Clerk-14.36.doc I Ehring, Liz From: Brockway, Connie Sent: Thursday, July 10, 2003 5:16 PM To: McGrath, Jennifer Subject: RE: Sewer fee ord and res Jennifer, The resolution was adopted on Monday night. I had only said to you that we needed to have a 60 day effective date on it- because most of the times development fee resolutions need 60 days and an ordinance is through the adoption process in 45 days. For the clerk's index and the computer records I have to put that this resolution was EFFECTIVE on 7/7/03 unless you state otherwise. If you state otherwise, we need a sentence like your office has done in the past----"this resolution shall be effective on Connie Original Message From: McGrath,Jennifer Sent: Thursday,July 10,2003 2:01 PM I To: Brockway,Connie Cc: Workman,William P. Subject: RE: Sewer fee ord and res I just signed off on the revised ordinance and legislative draft. You should have it this afternoon. The resolution does not need modification. This is an unusual circumstance. Chapter 14.36.080 actually included the fee as part of the ordinance. Ordinance No. 3613 deletes section 14.36.080 and creates section 14.36.085 which indicates the rate will be set by resolution. As such, the resolution need not have an effective date as it is inapplicable prior to the effective date of Ordinance 3613. In fact, it would have been fine for the resolution to have been adopted 7/7/03. Jennifer Original Message From: Brockway,Connie Sent: Thursday,July 10,2003 11:45 AM To: McGrath,Jennifer Cc: Workman,William P. Subject: Sewer fee ord and res I am checking with you to determine if you are planning to have the sewer ord revisions made by council done and ready for the 7/21 Agenda. I realize the deadline is passed but in order to get revenue for the city I believe we will want to get it on the next agenda. I will keep the old original here as you will be preparing a new ord as you usually do. Also please revise the resolution to reflect the effective date of at least 60 days from adoption, not from effective date of ord which would be only 45 days as we discussed. Please let me know if your plans are otherwise. Connie Brockway City Clerk 1 • 6rockway, Connie To: McGrath, Jennifer Cc: Workman, William P. Subject: Sewer fee ord and res I am checking with you to determine if you are planning to have the sewer ord revisions made by council done and ready for the 7/21 Agenda. I realize the deadline is passed but in order to get revenue for the city I believe we will want to get it on the next agenda. I will keep the old original here as you will be preparing a new ord as you usually do. Also please revise the resolution to reflect the effective date of at least 60 days from adoption, not from effective date of ord which would be only 45 days as we discussed. Please let me know if your plans are otherwise. Connie Brockway City Clerk 1 1- /- ,' /Je. ` , 7DJ)Biov a/D Oft L,ITY OF HUNTINGTON BEALri l-' MEETING DATE: July 7, 2003 DEPARTMENT ID NU . - - _I/14•`Jai"'-.- Council/Agency Meeting Held: 7 - 2 -D 3 Deferred/Continued to: Approved ❑ Conditionally Approved CI Denied City Clerk's Signature Council Meeting Date: ��// July 7, 2003 Department ID Number: PW-03-040 1") 7/433 't€ITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS ylA'r SUBMITTED BY: RAY SILVER, City AdministratorO,, 'ItPREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works SUBJECT: ADOPT AN ORDINANCE AND RESOLUTION RELATING TO THE SEWER MASTER PLAN. l%'_'' .. At, . =; . , / „"/._ , , Statement of Issue, Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Revisions to Municipal Code 14.36, as well as a resolution adopting a new fee structure have been prepared to reflect the findings of the recently updated Sewer Master Plan. Funding Source: No funding is required. Developer paid sewer fees will increase on a per unit basis; however, actual revenue is dependent upon the number of units and types of facilities approved for construction. Recommended Action: 1. Motion to adopt Ordinance No. 36 43 , an ordinance of the City of Huntington Beach, amending Chapter 14.36 of the Municipal Code relating to Sewer System Service Connection. 2. Motion to adopt Resolution No. 02003 3 , a resolution of the City of Huntington Beach establishing the fee schedule for sewer system service connections, fees, charges and deposits. Alternative Action(s): Deny the recommended actions. The connection fee will continue at the current amount. cp --,;,.., G:\R C A\2003\03-040 July 7 Broussard (Adopt SMP Ordinance&Resolution).doc 4 6/19/2003 12:56 PM ICICQUEST FOR COUNCIL AC1 RA MEETING DATE: July 7, 2003 DEPARTMENT ID NUMBER:PW-03-040 Analysis: In April 2001, the City Council authorized the preparation of a Sewer Master Plan by Kennedy/Jenks Consultants. The updated Sewer Master Plan identifies capacity deficiencies in the sewer system at City build-out and establishes a Capital Improvement Program based upon those findings. The Capital Improvement Program identifies up to $17.6 million in improvements related directly to capacity deficiencies. A noticeable increase in deficiencies from previous studies is the result of a more conservative approach to identifying deficiencies in the sewer system. This approach is being adopted by many agencies due to existing and impending Federal and State regulations relative to sanitary sewer overflows. Another factor is the advancement in computer programming, which allows for a more accurate and interactive analysis of the entire sewer system. Municipal Code 14.36 allows for a capital facilities charge, commonly referred to as a sewer connection fee to be imposed on new developments to mitigate capacity deficiencies due to their contribution of sewer flow to the entire sewer system. Several modifications to the existing ordinance are being proposed, including annual review of funds collected and/or expended and a reevaluation of the fee structure every five (5) years. The last revision to the fee schedule was adopted in 1988 and, therefore, a resolution is also being proposed to establish an updated fee schedule. The new fee schedule has been simplified and will be assessed based upon a single, multi or non-residential development and is more consistent with the City's other fee structures. The resolution allows for annual adjustments to the charges, based on the Consumer Price Index. Details of the Master Plan and fee recommendations were presented at the City Council Study Session of June 9, 2003. Public Works Commission Action: This item was presented at the May 21, 2003, Public Works Commission meeting. Although no formal action was requested, the Commissioners expressed unanimous support for this item. The motion carried 5-0-2 (Commissioners Gartland and Johnson were absent). Environmental Status: This item is Categorically Exempt per Sections 15273 and 15306. Attachment(s): City Clerk's Page Number No. Description 1 Ordinance No. 3 /3 2 Ordinance No. 6 /3 Lesislative Draft 3 Resolution No. c U2O - -CPZ 4 Power Point Presentation: Sewer Master Plan RCA Author: Todd Broussard:jm G:\R C A\2003\03-040 July 7 Broussard (Adopt SMP Ordinance&Resolution).doc -3- 6/24/2003 12:12 PM oZ ATTACHMENT # 1 ORDINANCE NO. 3 613 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 14.36 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO SEWER SYSTEM SERVICE CONNECTION The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That Section 14.36.005 is hereby added to the Huntington Beach Municipal Code said section is to read as follows: 14.36.005 Intent and Purpose This Chapter is intended to implement the goals, objectives and policies of the City of Huntington Beach General Plan, by ensuring the long-term adequacy of the City's sewer facilities are maintained when new development is constructed within the City . limits. By imposing a fee or charge that is reasonably related to the burdens created by new development on the City's sewer system,together with funding available from other City revenue sources,the City will be able to construct the required capital improvements, accommodate projected growth and fulfill the goals, objectives and policies of the City's General Plan. • It is the intent of the City Council that the charge required by this Chapter shall be supplementary to any conditions imposed upon a development project pursuant to other.. provisions of the Municipal Code,the Subdivision Map Act,the California Environmental Quality Act, other state and local laws, ordinances or Charter provisions which may authorize the imposition of conditions on development. SECTION 2. That Section 14.36.006 is hereby added to the Huntington Beach Municipal Code said section is to read as follows: 14.36.006 Definitions For the purpose of this Chapter,the following terms shall be defined as follows: (a) "Applicant" shall mean any person or legal entity that applies for a permit or other entitlement for a new development project. (b) "City" shall mean the City of Huntington Beach. (c) "Equivalent Dwelling Unit(EDU)" shall refer to the unit cost assessed to a non- residential development. (d) "Multiple Family Dwelling Unit,"shall mean a building or buildings designed with two (2) or more dwelling units. (e) "Public Works Director" shall mean the Director of Public Works or the Director's designee. 03ord/chap 14-36/7/9/03 1 (f) "Sewer Connection Fee," "Fee"or"Charge" shall mean the fee imposed on new development projects pursuant to this Chapter. (g) "Single Family Unit" shall mean a detached building designed primarily for use as a . . single dwelling,no portion of which is rented as a separate unit,except as permitted by this Code. Attached single family dwellings shall be considered as multi-family: SECTION 3. That Section 14.36.020 of the Huntington Beach Municipal Code is hereby deleted in its entirety SECTION 4. Section 14.36.030 of the Huntington Beach Municipal Code is hereby amended to read as follows: 14.36.030 Encroachment permit--Connection by applicant. (a) No person shall install any pipe, apparatus, appliance or connection to any part of the City Sewer System without first obtaining an encroachment permit to do so. The applicant shall bear the cost for all labor and materials, and shall be a licensed contractor or shall employ a contractor duly licensed under the laws of the State of California to perform such work. The applicant shall also be responsible for the cost of constructing, maintaining, or replacing any part of a sewer system on private property, required by the Director, from the sewer main line to and including any on- site structure.: (b) Applicant shall comply with all relevant portions of Title 12 of this code not inconsistent with the provisions of this chapter. SECTION 5. Section 14.36.040 of the Huntington Beach Municipal Code is hereby amended to read as follows: 14.36.040 Change of occupancy--Installation of separate lines. Whenever occupancy on a parcel of land is changed from one to two or more, and more than one occupancy on such parcel is served by the City Sewer System, an additional connection fee shall apply. The Director,at his discretion, may require the owner of such a parcel of land to install separate sewer lines for each occupancy. SECTION 6._ Section 14.36.050 of the Huntington Beach Municipal Code is hereby amended to read as follows: 14.36.050 Maintenance and repair. (a) Repair and maintenance of all sewer mains dedicated to the city shall be the responsibility of the city. (b) Repair and maintenance of all privately-owned sewer mains, and all lateral lines, equipment and appurtenances connected to the city sewer mains shall be the responsibility.of the owner/user, and shall meet the requirements contained in Title 12 of this code. 03ord/chap 14-36/7/9/03 2 SECTION 7. Section 14.36.070 of the Huntington Beach Municipal Code is hereby amended to read as follows: 14.36.070 Sanitary Sewer Facilities Fund Established—Fees and Charges. (a) There is hereby established,pursuant to California Government Code Sections 66013 and 66483 et seq., a Sanitary Sewer:Facilities Fund.. As a condition precedent to granting applications for sewer connections, or an increase in an applicant's water meter size, the Department of Public Works is hereby authorized to collect fees and charges in amounts which shall not exceed the estimated reasonable cost of providing a City Sewer System, maintaining same, and for future replacements or extensions thereof("Sewer Service Charge"). All monies collected pursuant to this Chapter shall be deposited into the Sanitary Sewer Facilities Fund. (b) Except as otherwise provided in Chapter 14.44,the Sewer Service Charge authorized by this Chapter shall be collected and expended solely for the construction or reimbursement for construction of sanitary sewer facilities within the City's service area and to reimburse the City for the cost of engineering and construction services to rehabilitate existing facilities or construct new sewer facilities. (c) The monies collected pursuant to this Chapter and deposited into the Sanitary Sewer Facilities Fund account.shall be used solely for the purposes specified in this Chapter. All monies deposited into the Sanitary Sewer Facilities Fund shall be held separate and apart from other City funds. All interest and other earnings on the unexpended balance in the Sanitary Sewer Facilities Fund shall be credited to the Sanitary Sewer Facilities Fund: (d) Within 180 days after the last day of each fiscal year,the City Council shall review the status of compliance with this Chapter, including the amount of funds collected, expenditures from the Sanitary Sewer Fund Facilities Reserve Account, and the degree to which the fees and charges collected pursuant to this Chapter have been expended on existing sewer system facilities or new facilities that benefit the applicant or the development for which the fee or charge was collected. At least every five (5)years after the effective date of the Ordinance enacting this Chapter,the Public Works Director shall prepare, and the City Council shall consider,the fee formula established to implement this Chapter,whether any adjustment in the fee formula or use of fee proceeds is warranted, or any other changes are needed to the procedures established by this Chapter,to fulfill the goals, objectives or policies of the City's General Plan and the Sewer Master Plan. Each year between periodic reviews of the fee formula, the fee shall be increased by a factor to account for inflation in construction costs, as provided for by Section 14.36.110. . SECTION 8. Section 14.36.080 of the Huntington Beach Municipal Code is hereby_ deleted in its entirety. SECTION 9. That Section 14.36.085 is hereby added to the Huntington Beach Municipal Code said section is to read as follows: 14.36.085 City Sewer Service Area—Fee schedule. The City operates and maintains a City-wide wastewater collection and pumping system. The City's planned local sanitary service area is as described in the City's Sewer Master Plan and consists of a City-wide sanitary sewer system. The Sewer Master Plan evaluates the capacity of this City-wide sewer system and identifies a plan to provide sewer service to existing and anticipated 03ord/chap 14-36/7/9/03 3 future users as a result of new development. The Sewer Master Plan also contains an estimate of the total costs of constructing the City's sewer facilities required by the Sewer Master Plan to serve new development, a map of the City's Sewer Service Area and the location of the City's sewer facilities. The Sewer Service Charge authorized by this Chapter shall be set by resolution of the City Council, which resolution shall set forth the Sewer System.Charge for Single Family Dwelling Units, Multiple Family Dwelling Units and for Equivalent Dwelling Units("EDU") as defined by this Chapter. SECTION 10. Section 14.36.090 of the Huntington Beach Municipal Code is hereby amended to read as follows: 14.36.090 Payment. (a) The Sewer Service Charge and all other applicable sewer fees, including county sewer fees, shall be paid to the city prior to recording the final subdivision map with the County Recorder's Office, or prior to issuance of a building permit by the city if a subdivision map is not required. (b) The subdivider or person to whom a building permit has been issued may enter into a standard reimbursement agreement with the city,pursuant to Chapter 14.44 of this code. SECTION 11. That Section 14.36.100 is hereby added to the Huntington Beach Municipal Code said section is to read as follows: 14.36.100 Fee Adjustments.'Any applicant subject.to'the.Sewer Service Charge authorized by this Chapter may apply to the Director of Public Works for a reduction, adjustment*or waiver of the fee. Circumstances that may justify a fee adjustment include an applicant's proposal to increase to a larger water meter size and sufficient information about the prior use is available to determine that credit for the existing meter size is warranted. A decision of the Director of Public Works to deny an applicant's request for an fee adjustment or waiver may be appealed by filing a fee adjustment application with the Director of Public Works. Such application shall be made on a form provided by the Director of Public Works and shall be filed with the Director of Public Works at the time of the application for building permit. Each application shall state in detail the factual basis for the requested fee reduction, adjustment or waiver. The Director of Public Works shall determine if the fee adjustment application is complete. The Public Works Commission shall consider the fee adjustment application at a hearing within sixty(60) days after the fee adjustment application is deemed complete by the Director of Public Works, The decision of the Public Works Commission will be final with respect to City action on the appeal. SECTION 12. That Section 14.36.110 is hereby added to the Huntington Beach Municipal Code said section is to read as follows: 14.36.110 Annual Construction Cost Index Adjustments (a) Each Sewer System Charge shall be adjusted to reflect the annual percentage adjustment in the Construction Cost Index ("CCI") established by Engineering News Record as published by McGraw Hill Construction/McGraw Hill Companies as of July 1 each year. 03ord/chap 14-36/7/9/03 4 (b) Adjustments based on these criteria will be determined on July 1 of each year. The adjustments will be implemented effective the following October 1, which is the beginning of the city's fiscal year. SECTION 13. This ordinance shall become effective 60 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 21 s t day of July , 2003. 41V/U'll Aga,d001Z4 Mayor ATTEST: g ' AP ROVED AS TO FORM: City Clerk City Attorney At{•Iq I03 REVIEWED AND APPROVED: /PCTIED AND APPROVED: Cityinistrator Di rector of Public Works 03ord/chap 14-36/7/9/03 5 Ord. No. 3613 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: . CITY OF HUNTINGTON BEACH ) • I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 7th day of July,2003, and was again read to said City Council at a regular meeting thereof held on the 21st day of July,2003, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Sullivan, Coerper, Green,Boardman, Cook,Houchen, Hardy • ABSENT: None ABSTAIN: None I,Connie Brockway,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this • ordinance has been published in the Huntington Beach Fountain Valley Independent on . 2003. In accordance with the City Charter of said City dolgei1/441�� Connie Brockway, City Clerk City Clerk and ex-officio Clerk Deputy City Clerk of the City Council of the City of Huntington Beach, California ATTACHMENT #2 ORDINANCE NO. 36i-3 LEGISLATIVE DRAFT Chapter 14.36 SEWER SYSTEM SERVICE CONNECTIONS, FEES, CHARGES, AND DEPOSITS (741-1/60; 1001-10/63, 1100-12/64,2022-1/76,2481-5/81,2564-8/82,2608-3/83,2931-4/88,2985-3/89) Sections: 14.36.005 Intent and Purpose 14.36.006 Definitions 14.36.010 Service application--Form 14.36.020 Encroachment permit Plans and specifications Public liability insurance required 14.36.030 Encroachment permit--Connection by applicant 14.36.040 Change of occupancy--Installation of separate lines 14.36.050 Maintenance and repair 14.36.060 Private premises--User/owner responsibility 14.36.070 Sanitary Sewer fFacilities fFund eEstablished—fFees and Charges. i n 3ti 080 Plan.,ed local nitary Fee se ed„le 14.36.085 City Sewer Service Area—Fee schedule 14.36.090 Fee Payment 14.36.100 Fee Adjustments. 14.36.110 Annual Construction Cost Index Adjustments 14.36.005 Intent and Purpose This Chapter is intended to implement the goals, objectives and policies of the City of Huntington Beach General Plan, by ensuring the long-term adequacy of the City's sewer facilities are maintained when new development is constructed within the City limits. By imposing a fee or charge that is reasonably related to the burdens created by new development on the City's sewer system, together with funding available from other City revenue sources, the City will be able to construct the required capital improvements, accommodate projected growth and fulfill the goals, objectives and policies of the City's General Plan. It is the intent of the City Council that the charge required by this Chapter shall be supplementary to any conditions imposed upon a development project pursuant to other provisions of the Municipal Code, the Subdivision Map Act, the California Environmental Quality Act, other state and local laws, ordinances or Charter provisions which may authorize the imposition of conditions on development. 14.36.006 Definitions f Iegisdrft/mc 1436/7/9/03 1 For the purpose of this Chapter, the following terms shall be defined as follows: (a) "Applicant" shall mean any person or legal entity that applies for a permit or other entitlement for a new development project. (b) "City" shall mean the City of Huntington Beach. (c) "Equivalent Dwelling Unit (EDU)" shall refer to the unit cost assessed to a non-residential development. (d) "Multiple Family Dwelling Unit," shall mean a building or buildings designed with two (2) or more dwelling units. (e) "Public Works Director" shall mean the Director of Public Works or the Director's designee. (f) "Sewer Connection Fee," "Fee" or "Charge" shall mean the fee imposed on new development projects pursuant to this Chapter. (g) "Single Family Unit" shall mean a detached building designed primarily for use as a single dwelling, no portion of which is rented as a separate unit, except as permitted by this Code. Attached single family dwellings shall be considered as multi-family. 14.36.010 Service application--Form. All persons requesting service from the City Sewer System shall file a written application, signed by the applicant, or his agent, containing the following information: (2931-4/88) (a) The address or location of the premises to be served; (2931-4/88) (b) Whether the applicant is owner, developer, occupant or lessee, or agent of any of the foregoing; (2931-4/88) (c) The name and address of the applicant if such person is not the occupant or lessee of the premises; (2931-4/88) (d) Any additional information which the Director may require. (2931-4/88) 14,3-67020—Enereaehment-pefmit—Plans-and-speeifieatiens—Publie-liabilityz-insuranee- €1,—Prier--te4he4ssuanee-ef-afi-enereaehment-peffliit-and4he-eemmeneement-ef-an approval by the Director, or his designated representative. Applicant shall also furnish legisdrft/mc 1436/7/9/03 2 insurance shall be submitted on the city's certificate of insurance form in an amount the (2931 1/88) 14.36.030 Encroachment permit--Connection by applicant. (a) No person shall install any pipe, apparatus, appliance or connection to any part of the City Sewer System without first obtaining an encroachment permit to do so. The applicant shall bear the cost for all labor and materials, and shall be a licensed contractor or shall employ a contractor duly licensed under the laws of the State of California to perform such work. The applicant shall also be responsible for the cost of constructing, maintaining, or replacing any part of a sewer system on private property, required by the Director, from the property sewer main line to and including any on-site structure. (2931-4/88) (b) Applicant shall comply with all relevant portions of Chapter 12.12 Title 12 of this code not inconsistent with the provisions of this chapter. (2931-4/88) 14.36.040 Change of occupancy--Installation of separate lines. Whenever occupancy on a parcel of land is changed from one to two or more, and more than one occupancy on such parcel is served by the City Sewer System, an additional connection fee shall apply. tThe Director, at his discretion, may require the owner of such a parcel of land to install separate sewer lines for each occupancy. (2931-4/88) 14.36.050 Maintenance and repair. (a) Repair and maintenance of all sewer mains;dedicated to the city shall be the responsibility of the city. (2931-4/88) (b) Repair and maintenance of all privately-owned sewer mains, and all lateral lines, equipment and appurtenances connected to the city sewer mains shall be the responsibility of the owner/user, and shall meet the requirements contained in Chapter 12.12 Title 12 of this code. (2931-4/88) 14.36.060 Private premises--User/owner responsibility. The city shall in no way whatsoever be responsible for any damage to persons or property because of any leakage, breakage, or seepage from, or accident or damage to, any sewer pipe or its appurtenances located on any private premises; nor shall the city be responsible for or on account of any damage, injury or loss caused directly or indirectly by the existence on private premises of any sewer pipe or its appurtenances. (2931-4/88) 14.36.070 Sanitary sSewer fFacilities fFund eEstablished—fFees and Charges. (a) There is hereby established,pursuant to California Government Code Sections 66013 and 66483 et seq., a sSanitary sSewer fFacilities fFund. As a condition precedent to granting applications for sewer connections, or an increase in an applicant's water meter size, the Department of Public Works is hereby authorized to charge and collect fees and charges in amounts which shall not Iegisdrft/mc1436/7/9/03 3 exceed the estimated reasonable cost of providing a City Sewer System, maintaining same, and for future replacements or extensions thereof("Sewer Service Charge"). All monies collected pursuant to this Chapter shall be deposited into the Sanitary Sewer Facilities Fund. (2931-4/88) (b) Except as otherwise provided in Chapter 14.44, such fees the Sewer Service Charge authorized by this Chapter shall be collected and expended solely for the construction or reimbursement for construction of sanitary sewer facilities within the planned local sanitary City's service areas, set out in this chapter, from which the fees were collected, or and to reimburse the city for the cost of engineering and administrative construction services to form such areas, and design and construct such facilities, to rehabilitate existing facilities or construct new sewer facilities. (2931-4/88) (c)The monies collected pursuant to this Chapter and deposited into the Sanitary Sewer Facilities Fund account shall be used solely for the purposes specified in this Chapter. All monies deposited into the Sanitary Sewer Facilities Fund shall be held separate and apart from other City funds. All interest and other earnings on the unexpended balance in the Sanitary Sewer Facilities Fund shall be credited to the Sanitary Sewer Facilities Fund. (d)Within 180 days after the last day of each fiscal ear, the City Council shall review the status of compliance with this Chapter, including the amount of funds collected, expenditures from the Sanitary Sewer Fund Facilities Reserve Account, and the degree to which the fees and charges collected pursuant to this Chapter have been expended on existing sewer system facilities or new facilities that benefit the applicant or the development for which the fee or charge was collected. At least every five (5) years after the effective date of the Ordinance enacting this Chapter, the Public Works Director shall prepare, and the City Council shall consider, the fee formula establised to implement this Chapter, whether any adjustment in the fee formula or use of fee proceeds is warranted, or any other changes are needed to the procedures established by this Chapter, to fulfill the goals, objectives or policies of the City's General Plan and the Sewer Master Plan. Each year between periodic reviews of the fee formula, the fee shall be increased by a factor to account for inflation in construction costs, as provided for by Section 14.36.110. 14.36.080 Planned local sanitary sewer areas Fee schedule. Planned local sanitary cewer areas and the fee schedule ther-efer shall be as follows : (2931 1/88) (a) The sum of$220 for a dwelling unit,plus the sum of$150 for each additional dwelling unit on parcels less than ten thousand (10,000) square feet in area except (2931 4/88) A "dwelling unit", for purposes of this section, shall be (1) a house, or each unit within a multiple unit complex; (2) each residential quarter in hotels, apartments, and .- (2931 1/88) (b) For any parcel ten thousand (10,000) square feet or more in area, $700 per acre, or each fraction thereof, or$150 per dwelling unit, whichever is greater, except those properties covered by subsections (c) and(d)of this section. The fee per acre of$700 Iegisdrf/mc1436/7/9/03 4 (2931 4/88) (c) I the a e., bounded o., the, est by Goldenwest Street r the east by,Be.,c Boulevard, on the south by Pacific Coast Highway, and on the north by Clay Avenue, t a fcc of$150 shall be charged (d) For any area served by a sanitary sewer facility, constructed and charged on a front Guch agreement shall be charged together with the fees contained in subsections (a), (b), and(c)of this section. (2931 1/88) 14.36.085 City Sewer Service Area—Fee schedule. The City operates and maintains a City-wide wastewater collection and pumping system. The City's planned local sanitary service area is as described in the City's Sewer Master Plan and consists of a City-wide sanitary sewer system. The Sewer Master Plan evaluates the capacity of this City-wide sewer system and identifies a plan to provide sewer service to existing and anticipated future users as a result of new development. The Sewer Master Plan also contains an estimate of the total costs of constructing the City's sewer facilities required by the Sewer Master Plan to serve new development, a map of the City's Sewer Service Area and the location of the City's sewer facilities. The Sewer Service Charge authorized by this Chapter shall be set by resolution of the City Council, which resolution shall set forth the Sewer System Charge for Single Family Dwelling Units, Multiple Family Dwelling Units and for Equivalent Dwelling Units ("EDU") as defined by this Chapter. 14.36.090 Fee Payment. (a) All The Sewer Service Charge and all other applicable sewer fees, including county sewer fees, shall be paid to the city prior to recording the final subdivision map with the County Recorder's Office, or prior to issuance of a building permit by the city if a subdivision map is not required. (2931-4/88,2985-3/89) (b) The subdivider or person to whom a building permit has been issued may enter into a standard reimbursement agreement with the city, pursuant to Chapter 14.44 of this code. (2931-4/88,2985-3/89) 14.36.100 Fee Adjustments. Any applicant subject to the Sewer Service Charge authorized by this Chapter may apply to the Director of Public Works for a reduction, adjustment or waiver of the fee. Circumstances that may justify a fee adjustment include an applicant's proposal to increase to a larger water meter size and sufficient information about the prior use is available to determine that credit for the existing meter size is warranted. A decision of the Director of Public Works to deny an applicant's request for an fee adjustment or waiver may be appealed by filing a fee adjustment application with the Director of Public Works. Such application shall be made on a form provided by the Director of Public Works and shall be filed legisdrft/mc1436/7/9/03 5 with the Director of Public Works at the time of the application for building permit. Each application shall state in detail the factual basis for the requested fee reduction, adjustment or waiver. The Director of Public Works shall determine if the fee adjustment application is complete. The Public Works Commission shall consider the fee adjustment application at a hearing within sixty (60) days after the fee adjustment application is deemed complete by the Director of Public Works. The decision of the Public Works Commission will be final with respect to City action on the appeal. 14.36.110 Annual Construction Cost Index Adjustments (a) Each Sewer System Charge shall be adjusted to reflect the annual percentage adjustment in the Construction Cost Index ("CCI") established by Engineering News Record as published by McGraw Hill Construction/McGraw Hill Companies as of July 1 each year. (b) Adjustments based on these criteria will be determined on July 1 of each year. The adjustments will be implemented effective the following October 1, which is the beginning of the city's fiscal year. Iegisdrft/mc1436/7/9/03 6 h. B. INDEPENDENT PUBLISH DATE: 7/31/03 CITY OF HUNTINGTON BEACH LEGAL NOTICE ORDINANCE NO. 3613 Adopted by the City Council on July 21, 2003 "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 14.36 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO SEWER SYSTEM SERVICE CONNECTION." SYNOPSIS: Ordinance No. 3613 amends Chapter 14.36 of the Huntington Beach Municipal Code Relating to Sewer System Service Connection Charge. The Ordinance imposes a charge on property owners as a condition of their development of property that results in an increased use or new connection to the sewer system. THE FULL TEXT OF THIS ORDINANCE IS AVAILABLE IN THE CITY CLERK'S OFFICE. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held July 21, 2003 by the following roll call vote: AYES: Sullivan, Coerper, Green, Boardman, Cook, Houchen, Hardy NOES: None ABSENT: None This ordinance is effective 60 days after adoption. CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 714-536-5227 CONNIE BROCKWAY, CITY CLERK g:/synopsis/draftsyn • ORDINANCE NO. 3�(-3 ?//Z//Y3 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 14.36 OF THE HUNTINGTON BEACH h IPAL CODE RELATING TO SEWER SYSTEM SERVICE CONNE ION The City Council of the City of Huntington Beach does hereby ain as follows: SECTION 1. That Section 14.36.005 is hereby added to t e Huntington Beach Municipal Code said section is to read as follows: 14.36.005 Intent and Purpose This Chapter is intended to)mplement the goals, objectives and policies of the City of Huntington Beach General Plan, ensuring the long-term adequacy of the City's sewer facilities are maintained when new de="elopment is constructed within the City limits. By imposing a fee or charge that is reasonab 1related to the burdens created by new development on the City's sewer system,together ith funding available from other City revenue sources,the City will be able to constrtlet the required capital improvements, accommodate projected growth and fulfill theoals, objectives and policies of the City's General Plan. It is the intent of the City Council that tlx: charge required by this Chapter shall be supplementary to any conditions impo ed upon a development project pursuant to other provisions of the Municipal Code,tio Subdivision Map Act,the California Environmental Quality Act,other state and local laws, ordinances or Charter provisions which may authorize the imposition of conditions on development. SECTION 2. That S tion 14.36.006 is hereby added to the Huntington Beach Municipal Code said section is to read as follows: 14.36.006 Definitions For the purpose of thi Chapter,the following terms shall be defined as follows: (a) "Applicant" shall mean any person or legal entity that applies for a permit or other entitlemen for a new development project. (b) "City" all mean the City of Huntington Beach. (c) "Equivalent Dwelling Unit(EDU)" shall refer to the unit cost assessed to a non- res dential development. (d) Multiple Family Dwelling Unit," shall mean a building or buildings designed with two (2) or more dwelling units. (e) "Public Works Director" shall mean the Director of Public Works or the Director's designee. 03ord/chap 14-36/6/2/03 1 (f) "Sewer Connection Fee," "Fee" or"Charge" shall mean the fee imposed on new development projects pursuant to this Chapter. (g) "Single Family Unit" shall mean a detached building designed primarily or use as a single dwelling, no portion of which is rented as a separate unit, exc as permitted by this Code. Attached single family dwellings shall be considered as ulti-family. SECTION 3. That Section 14.36.020 of the Huntington Beach Municipal Code is hereby deleted in its entirety SECTION 4. Section 14.36.030 of the Huntington Be ch Municipal Code is hereby amended to read as follows: 14.36.030 Encroachment permit--Connection by applic t. (a) No person shall install any pipe, apparatus, appl'ance or connection to any part of the City Sewer System without first obtaining an e croachment permit to do so. The applicant shall bear the cost for all labor and aterials, and shall be a licensed contractor or shall employ a contractor duly icensed under the laws of the State of California to perform such work. The applicant shall also be responsible for the cost of constructing, maintaining, or replacing'any part of a sewer system on private property, required by the Director, from/the sewer main line to and including any on- site structure. / - (b) Applicant shall comply with all relevant portions of Title 12 of this code not inconsistent with the provisions o this chapter. SECTION 5. Section 14. 6.040 of the Huntington Beach Municipal Code is hereby amended to read as follows: • 14.36.040 Change of occupancy--Installation of separate lines. Whenever occupancy on a parcel of land is changed fro/ one to two or more, and more than one occupancy on such parcel is served by the City Sewe System, an additional connection fee shall apply. The Director, at his discretion,may requir the owner of such a parcel of land to install separate sewer lines for each occupancy. . SECTION 6. ection 14.36.050 of the Huntington Beach Municipal Code is hereby amended to read as flows: 14.36.050 Maintenance and repair. (a) Repair and maintenance of all sewer mains dedicated to the city shall be the responsibili of the city. (b) Repair aria maintenance of all privately-owned sewer mains, and all lateral lines, equipm^�Olt and appurtenances connected to the city sewer mains shall be the responsibility of the owner/user, and shall meet the requirements contained in Title 12 of this code. 03ord/chap 14-36/6/2/03 2 SECTION 7. Section 14.36.070 of the Huntington Beach Municipal Code is hereby amended to read as follows: 14.36.070 Sanitary Sewer Facilities Fund Established—Fees and Charges. (a) There is hereby established,pursuant to California Government Code Sections 9,6 13 and 66483 et seq., a Sanitary Sewer Facilities Fund. As a condition precedentito granting applications for sewer connections, or an increase in an applicant' water meter size,the Department of Public Works is hereby authorized to collect fees and charges in amounts which shall not exceed the estimated reasonable ccdt of providing a City Sewer System, maintaining same, and for future replacements or extensions thereof("Sewer Service Charge"). All monies collected pursuanto this Chapter shall be deposited into the Sanitary Sewer Facilities Fund. (b) Except as otherwise provided in Chapter 14.44, the Sewev ervice Charge authorized by this Chapter shall be collected and expended solely fdr the construction or reimbursement for construction of sanitary sewer facilities within the City's service area and to reimburse the City for the cost of engi ering and construction services to rehabilitate existing facilities or construct new se er facilities. (c) The monies collected pursuant to this Chapte and deposited into the Sanitary Sewer Facilities Fund account shall be used solely or the purposes specified in this Chapter. All monies deposited into the Sanitary Se er Facilities Fund shall be held separate and apart from other City funds. All inl rest and other earnings on the unexpended balance in the Sanitary Sewer Faciliti g Fund shall be credited to the Sanitary Sewer Facilities Fund. (d) Within 180 days after the last day/of each fiscal year,the City Council shall review the status of compliance with this Chapter,'including the amount of funds collected, expenditures from the Sanitary Sewer Fund Faci hies Reserve Account, and the degree to which the fees and charges collected pursuant t this Chapter have been expended on existing sewer system facilities or new facilities tl� t benefit the applicant or the development for which the fee or charge was collected. At ast every five (5) years after the effective date of the Ordinance enacting this Chapter, th Public Works Director shall prepare, and the City Council shall consider,the fee formu established to implement this Chapter,whether any adjustment in the fee formula or use of fee proceeds is warranted, or any other changes are needed to the procedures establish d by this Chapter,to fulfill the goals, objectives or policies of the City's General Plan and to Sewer Master Plan. Each year between periodic reviews of the fee formula,the fee s all be increased by a factor to account for inflation in construction costs, as • provided for by ection 14.36.110. SECTION . Section 14.36.080 of the Huntington Beach Municipal Code is hereby deleted in its ent. ety. SECTI N 9. That Section 14.36.085 is hereby added to the Huntington Beach Municipal C de said section is to read as follows: 14.36.085pity Sewer Service Area—Fee schedule. The City operates and maintains a City-wide wastewater collection and pumping system. The City's planned local sanitary service ea is as described in the City's Sewer Master Plan and consists of a City-wide sanitary sewer system. The Sewer Master Plan evaluates the capacity of this City-wide sewer system and identifies a plan to provide sewer service to existing and anticipated 03ord/chap 14-36/6/2/03 3 1 future users as a result of new development. The Sewer Master Plan also contains an estimate of the total costs of constructing the City's sewer facilities required by the0 Sewer Master Plan to serve new development, a map of the City's Sewer Service Area and the location of the City's sewer facilities. The Sewer Service Charge authorized by'this Chapter shall be set by resolution of the City Council, which resolution shall set forth the Sewer System Charge for Single Family Dwelling Units, Multiple Family,Iwelling Units and for Equivalent Dwelling Units ("EDU") as defined by this Chapter. SECTION 10. Section 14.36.090 of the Huntington Beach Municipal Code is hereby amended to read as follows: 14.36.090 Payment. (a) The Sewer Service Charge and all other applicable seer fees, including county sewer fees, shall be paid to the city prior to recording the final subdivision map with the County Recorder's Office, or prior to issuance elf a building permit by the city if a subdivision map is not required. a/ (b) The subdivider or person to whom a building/permit has been issued may enter into a standard reimbursement agreement with th city, pursuant to Chapter 14.44 of this code. / SECTION 11..That Section 14.36.1/00 is hereby added to the Huntington Beach Municipal Code said section is to read as follows: 14.36.100 Fee Adjustments. Any applicant subject to the Sewer Service Charge authorized by this Chapter may apply to the Direct/or of Public Works for a reduction, adjustment or waiver of the fee. Circumstances that may justify a fee adjustment include an applicant's proposal to increase to a larger water meter sie and sufficient information about the prior use is available to determine that credit for the existing meter size is warranted. A decision of the Director of Public Works to deny an applicant's request for an fee adjustment or waiver may be appealed by filing a fee adjustment application with the Director of Public Works. Such application shall be made on a form provided by,,the Director of Public Works and shall be filed with the Director of Public Works at the time of/the application for building permit. Each application shall state in detail the factual basis for the requested fee reduction, adjustment or waiver. The Director of Public Works shall determine if the fee adjustment application is complete. The Public Works Commission shall consider the fee adjustment application at a hearing within sixty(60) days after the fee adjustment/application is deemed complete by the Director of Public Works. The decision of the Public/Works Commission will be final with respect to City action on the appeal. SECTION/12. That Section 14.36.110 is hereby added to the Huntington Beach Municipal Code said d section is to read as follows: 14.36.110 Annual CPIU Adjustments (a) Each Sewer System.Charge shall be adjusted to reflect the annual percentage adjustment i in the,Consumer Price Index for All Urban Consumers ("CPIU") in Los Angeles, Orange 03ord/chap 14-36/6/2/03 4 and Riverside Counties established by the U.S. Bureau of Labor Statistics and available as of July 1 each year. (b) Adjustments based on these criteria will be determined on July 1 of each year/-the adjustments will be implemented effective the following October 1, whiclis;ri the beginning of the city's fiscal year. SECTION 13. This ordinance shall become effective 60 days aftei its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 2003. Mayor ATTEST: /, APPROVED AS TO FORM: City Clerk ` n ) eyo` 31- 4" City Attorney ((yh 1o; REVIEWED AND APPROVED: / 3 p.7 AND APPRO D: City Adnistrator Director of Public Works • • 03ord/chap 14-36/6/2/03 5 V-C) v ORDINANCE NO. 3 6'r3 LEGISLATIVE DRAFT �'e. d Chapter 14.36 SEWER SYSTEM SERVICE CONNECTIONS, FEES, CHARGES, AND DEPOSITS (741-1/60; 1001-10/63, 1100-12/64, 2022-1/76,2481-5/81,2564-8/82,2608-3/83,2931-4/88, 2985-3/89) Sections: 14.36.005 Intent and Purpose 14.36.006 Definitions 14.36.010 Service application--Form 14.36.020 Encroachment permit Plans and specifications Pub is liability insurance required 14.36.030 Encroachment permit--Connection by applicant 14.36.040 Change of occupancy--Installation of separate F es 14.36.050 Maintenance and repair 14.36.060 Private premises--User/owner responsibility 14.36.070 Sanitary sSewer fFacilities fFund eEstabli ed—fFees and Charges. i n 36 non Plan e,] i,.ca . Haar. . F„e .. du e 14.36.085 City Sewer Service Area—Fee c,.l ehedule 14.36.090 Fee Payment 14.36.100 Fee Adjustments. 14.36.110 Annual CPIU Adjustments 14.36.005 Intent and Purpose This apter is intended to implement the goals, objectives and policies of the ity of Huntington Beach General Plan, by ensuring the long-term adequa y of the City's sewer facilities are maintained when new developm t is constructed within the City limits. By imposing a fee or charge that is easonably related to the burdens created by new development on the City' sewer system, together with funding available from other City revenue soul es, the City will be able to construct the required capital improvem nts, accommodate projected growth and fulfill the goals, objectives and polic' s of the City's General Plan. It is the intent of the Ci Council that the charge required by this Chapter shall be supplementary to any conditions imposed upon a development project pursuant to of er provisions of the Municipal Code, the Subdivision li Map Act, the Califor is Environmental Quality Act, other state and local laws, ordinances or harter provisions which may authorize the imposition of conditions on deve pment. 14.36.006 Definitions Iegisdrft/mc1436/6/2/03 1 For the purpose of this Chapter, the following terms shall be defined as follows: (a) "Applicant" shall mean any person or legal entity that applie for a permit or other entitlement for a new development project/ (b) "City" shall mean the City of Huntington Beach. (c) "Equivalent Dwelling Unit (EDU)" shall refer to t e unit cost assessed to a non-residential development. (d) "Multiple Family Dwelling Unit," shall mea a building or buildings designed with two (2) or more dwelling uni . (e) "Public Works Director" shall mean the irector of Public Works or the Director's designee. (I) "Sewer Connection Fee," "Fee" or ' Charge" shall mean the fee imposed on new development prof cts pursuant to this Chapter. (g) "Single Family Unit" shall mea a detached building designed primarily for use as a single d elling, no portion of which is rented as a separate unit, except as per tted by this Code. Attached single family dwellings shall be considere 9 as multi-family. 14.36.010 Service application--Form. /• 11 persons requesting service from the City Sewer System shall file a written appli,ation, signed by the applicant, or his agent, containing the following information: (2931-4/88) (a) The address or location of the p -mises to be served; (2931-4/88) (b) Whether the applicant is owne developer, occupant or lessee, or agent of any of the foregoing; (2931-4/88) (c) The name and address of thr applicant if such person is not the occupant or lessee of the premises; (2931-4/88) (d) Any additional information which the Director may require. (2931-4/88) 14.36.020 Encroachment p-rmit Plans and specifications Public liability insurance quired. Prior to the issuance of an encroachment permit and the commencement of any work,the applicant, or his contractor, shall submit plans and specifications for review and approval by the Director, or his designated representative. Applicant shall also furnish legisdrft/mc 1436/6/2/03 2 ,_ 6\5i liability insurance policy in which the city, City Council, elective and appointive officers, employees, and boards and commissions of the city shall be named as addition l/insureds insurance shall be submitted on the city's certificate of insurance form in an amount established by resel„tio., efthe City Council, shall be-s-gned by an auth rind agent for , th City, t-tefney (29a14 8) L11V V1L� L 1LLV 111V�'. TCOCTI-"TTOO� 14.36.030 Encroachment permit--Connection by applicant. (a) No person shall install any pipe, apparatus, appliance or co ection to any part of the City Sewer System without first obtaining an encroachme t permit to do so. The applicant shall bear the cost for all labor and materials, . d shall be a licensed contractor or shall employ a contractor duly licensed u der the laws of the State of California to perform such work. The applicant shal also be responsible for the cost of constructing, maintaining, or replacing any part o a sewer system on private property,required by the Director, from the : ::- -- sewer main line to and including any on-site structure. (2931-4/88) (b) Applicant shall comply with all relevant portio s of Chapter 12.12 Title 12 of this code not inconsistent with the provisions of t s chapter. (2931-4/88) 14.36.040 Change of occupancy--Installation o separate lines. Whenever occupancy on a parcel of land is changed from one to two or ore, and more than one occupancy on such parcel is served by the City Sewer Syste, , an additional connection fee shall apply. tThe Director, at his discref on, may require the owner of such a parcel of land to install separate sewer lines for each occupancy. (2931-4/88) 14.36.050 Maintenance and repair. (a) Repair and maintenance of all sewe mains;dedicated to the city shall be the responsibility of the city. (2931-4/8: (b) Repair and maintenance of all pi ately-owned sewer mains, and all lateral lines, equipment and appurtenances c•nnected to the city sewer mains shall be the responsibility of the owner/use r, and shall meet the requirements contained in Chapter 12.12 Title 12 of this code. 931-4/88) 14.36.060 Private premises--User/owner responsibility. The city shall in no way whatsoever be responsible for y damage to persons or property because of any leakage, breakage, or seepage from, or a cident or damage to, any sewer pipe or its appurtenances located on any private premise ; nor shall the city be responsible for or on account of any damage, injury or loss caused irectly or indirectly by the existence on private premises of any sewer pipe or its appu enances. (2931-4/88) 14.36.070 Sanitary sSewer fFacilities fFund eEstablished—fFees and Charges. (a) There is hereby established, pursuant to California Government Code Sections 66013 and 66483 et seq., a sSanitary sSewer fFacilities fFund. As a condition precedent to granting applications for sewer connections, or an increase in an applicant's water meter size, the Department of Public Works is hereby authorized to charge and collect fees and charges in amounts which shall not legisdrft/mc1436/6/2/03 3 ,_ , _ 64 exceed the estimated reasonable cost of providing a City Sewer System, maintaining same, and for future replacements or extensions thereof("Sewer Service Charge"). All monies collected pursuant to this Chapter shall be in to nto the Sanitary Sewer Facilities Fund. (2931-4/88) (b) Except as otherwise provided in Chapter 14.44,such fees the Sewer Service Charge authorized by this Chapter shall be collected and expende Ysolely for the construction or reimbursement for construction of sanitary sewer f�-'cilities within the City's service areas, set out in this chapter, from which the fees were collected, or and to reimburse the city for the co of engineering and administrative construction services , design-and construct such facilities, to rehabilitate existing f cilities or construct new sewer facilities. (2931-4/88) (c)The monies collected pursuant to this Chapter and deposited into the Sanitary Sewer Facilities Fund account shall be Used solely for the purposes specified in this Chapter. All monies eposited into the Sanitary Sewer Facilities Fund shall be held s parate and apart from other City funds. All interest and other ear ngs on the unexpended balance in the Sanitary Sewer Facilities Fu d shall be credited to the Sanitary Sewer Facilities Fund. (d)Within 180 days after the last day of ea fiscal year, the City Council shall review the status of compliance w' h this Ca ter, including the amount of funds collected, expenditur s from the Sanitary Sewer Fund Facilities Reserve Account, and the d gree to which the fees and charges collected pursuant to this Chapter h ve been expended on existing sewer system facilities or.new facilities that benefit the applicant or the development for which the fee or c arge was collected. At least every five (5) years after the effective date o the Ordinance enacting this Chapter, the Public Works Director shall repare,.and.the City Council shall • consider, the fee formula establi ed to implement this Chapter, whether any adjustment in the fee forI a or use of fee proceeds is warranted, or any other changes are needethe procedures established.by this Chapter, to fulfill the goals, ctives or policies of the City's General Plan and the Sewer Waster P . Each year between periodic reviews of the fee formula, the fee shallincreased by a factor to account for inflation in construction coss provided for by Section 14.36.110. 14.36.080 Planned local sanitary sew r areas Fee schedule. Planned local sanitary sc=c§x�' •, o cc�criczo�-Sli3�r13ez'3s-feliv d�" . dwelling, nit ; „+ those properties covered in s / tiers (c) and( ) of this section (2931 1/88) ^^ A "dwelling unit", for purpos s of this section, shall be(1) a house, or each unit motels; (3) each space provi ing permanent facilities in a mobilehome or trailer park.- (2931 1/88) (b) For any parcel ten thousa d(10,000) square feet or more in area, $700 per acre, or e ch fraction thereof, or 150 per dwelling unit, whichever is greater, except those properties covered by subsections (c) and (d) of this section. The fee per acre of$700 Iegisdrft/mc 1436/6/2/03 4 shall apply to all commercial and manufacturing developments, and those portions of trailer parks with facilities for overnight parking. (2931 4/88) (c) In the area bounded on the west by Goldenwest Street, on the east by Beac , , no fee shall be-charged fer the fist dwelling unit but a fcc of$150 shal, e charged ( , , , such agreement shall be charged together with the fees contain-. in subsections (a), (b), and (e � �,h section i�a��oo T%°�) 14.36.085 City Sewer Service Area—Fee schedule. The City operates and maintains a City-wide wastewater collection . nd pumping system. The City's planned local sanitary service area is . s described in the City's Sewer Master Plan and consists of a City wide sanitary sewer system. The Sewer Master Plan evaluates the apacity of this City-wide sewer system and identifies a plan to provide ewer service to existing and anticipated future users as a result of ne development. The Sewer Master Plan also contains an estimate of th• total costs of constructing the City's sewer facilities required by the •wer Master Plan to serve new development, a map of the city s Sew r Service Area and the location of the City's sewer facilities. Th Sewer Service Charge authorized by this Chapter shall be set b, resolution of the City Council, which resolution shall set fort the Sewer System Charge for Single Family Dwelling Units, Multipl Family Dwelling Units and for Equivalent Dwelling Units ("EDU") a defined by this Chapter. 14.36.090 Fee Payment. (a) All The Sewer Service Charge aid all other applicable sewer fees, including county sewer fees, shall be p 1d to the city prior to recording the final subdivision map with the County Rec der's Office, or prior to issuance of a building permit by the city if a subdivision ma is not required. (2931-4/88, 2985-3/89) (b) The subdivider or person to whom a uilding permit has been issued may enter into a standard reimbursement agreement ith the city, pursuant to Chapter 14.44 of this code. (2931-4/88, 2985-3/89) 14.36.100 Fee Adjustments. ny applicant subject to the Sewer Service Charge authorized by this Chapter may apply to the Director of Public Works for a reduction, adj stment or waiver of the fee. Circumstances that may justify a fee adjustme t include an applicant's proposal to increase to a larger water meter size a d sufficient information about the prior use is available to determine th t credit for the existing meter size is warranted. A decision of the Direct of Public Works to deny an applicant's request for an fee adjustment or w iver may be appealed by filing a fee adjustment application with the Di ector of Public Works. Such application shall be made on a form provi ed by the Director of Public Works and shall be filed legisdrft/mc1436/6/2/03 - 5 &-k with the Director of Public Works at the time of the application for building permit. Each application shall state in detail the factual basis for/the requested fee reduction, adjustment or waiver. The Director of/Public Works shall determine if the fee adjustment application is complete/The Public Works Commission shall consider the fee adjustment application at a hearing within sixty (60) days after the fee adjustment applications deemed complete by the Director of Public Works. The decision of the Public Works Commission will be final with respect to City action n the appeal. 14.36.110 Annual CPIU Adjustments (a) Each Sewer System Charge shall be adjusted to reflect the annual percentage adjustment in the Consume/Price Index for All Urban Consumers ("CPIU") in Los Angeles,/drange and Riverside Counties established by the U.S. Bureau of La or Statistics and available as of July 1 each year. (b) Adjustments based on these crite is will be determined on July 1 of each year. The adjustments will be implemented effective the following October 1, which is the beginn'1 g of the city's fiscal year. legisdrft/mc 1436/6/2/03 6 ATTACHMENT #3 RESOLUTIONNO; 2003-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH.ESTABLISHING THE FEE SCHEDULE FOR SEWER SYSTEM SERVICE CONNECTIONS, FE S, CHARGES AND DEPOSITS, WHEREAS,pursuant to Chapter 14.36 of the Huntington Beach Municipal Code,the City Council is authorized to collect fees and charges as a condition precedent to granting an application for sewer connection or an increase in water meter size. The fees and charges authorized by Chapter 14.36 may not exceed the estimated reasonable cost of,providing facilities for the City's sewer system that will benefit the person being charged; and The City Council has reviewed a report dated May 2003,entitled"Sewer Master Plan"prepared by Kennedy/Jenks Consultants, ("Sewer Master Plan")which evaluates the impacts of future users on existing sewer facilities within the City and details the City's operation and maintenance of a City-wide wastewater collection and pumping system. The Sewer Master Plan includes a description of the City- wide sewer system, an analysis of the need for replacement of existing sewer facilities and construction of new facilities needed to serve new development and additional capacity demands, and sets forth the estimated costs of these improvements; and The Sewer Master Plan has been available for public inspection and review prior to consideration of this resolution by the City Council after a public hearing, • NOW,THEREFORE,the City Council of the City of Huntington Beach does hereby resolve as follows: 1. The Sewer Master Plan is hereby adopted. 2. , The Sewer System Charge of$1,579.00 shall be imposed for a sewer connection for a Single Family Dwelling Unit as defined in Chapter 14.36. 3. The Sewer System Charge of$1,292.00 shall be imposed per sewer connection for a Multiple Family Dwelling Unit as defined in Chapter 14.36. 4. The Sewer System Charge for a sewer connection for a new non-residential project, shall be based on the water meter size relationship to an Equivalent Dwelling Unit("EDU"), as defined in Chapter 1436,as follows: Meter size(inches)and type EDUS Charge 5/8 1 1,795 3/4 1 1,795 1 2 3,590 1.5 3 5,385 2 5 8,976 3 11 19,747 03reso/sewer fees/5/30/03 1 Meter size(inches)and type EDUS Charge 4 Compound 17 30,517 4 Domestic and Turbine 33 59,240 6 Compound 33 59,240 6.Domestic and Turbine 67 120,275 8 Domestic 117 210,032 10 Domestic . 183 328,512 5. The Sewer Master Plan establishes that the Sewer System Charges authorized herein are charges for existing facilities and new facilities to be constructed in the future that will benefit the person being charged. 6. California Environmental Quality Act. The City Council hereby finds that the adoption of this Resolution is exempt from the California Environmental Quality Act("CEQA") under Section 15273(a)(4) of the California Code of Regulations, commonly known as the CEQA Guidelines. The City Council finds that this exemption applies because the charges authorized herein are for the purpose of obtaining funds for capital projects necessary to maintain service within existing service areas, and there is no reasonable possibility that the modification of the Sewer System Service Connection Fee and Charges authorized by Huntington Beach Municipal Code Chapter 14.36 could negatively affect the physical environment. Any environmental impacts associated with specific projects that may be undertaken with the monies collected pursuant to this resolution and Huntington Beach Municipal Code Chapter 14.36 will be assessed as each project is formulated:. The City Council also hereby finds that the adoption of this Resolution is exempt from CEQA pursuant to the Supplemental Environmental Categorical Exemptions adopted by the City Council pursuant to Resolution No. 4501, which provides that information collection which does not result in a serious or major disturbance to an environmental resource are exempt as a Class VI exemption. 'PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7 day of July ,2003. ATTEST: efiitni;&' A7a1 Le46 (261e4/7-- t -t/ City Clerk Mayor . . REVIEWED AND APPROVED: APPROVED AS TO FORM: City Adinistrator Attorney I. 5003 IA AND APP VED: Director of Public Works 03reso/sewer fees/5/30/03 2 Res. No. 2003-52 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at an regular meeting thereof held on the 7th day of July 2003 by the following vote: AYES: Sullivan, Coerper, Green, Boardman, Cook, Hardy NOES: None ABSENT: None (Houchen out of room) ABSTAIN: None City Clerk and ex-officio CArk of the City Council of the City of Huntington Beach, California ATTACHMENT #4 Sewer Master Plan gigN 4,T Sewer Master Plan and Connection Charge Update itot4 ki. surf,i ity H y t .°., gy7.:+. L,,. w- 3,A kuZ'AT sue- 1 x Hunten„ ` Beach July 2003 igt ifilm Vriq 1XAp zf Sewer Master Plan ffell 6 A Sewer Master Plan (SMP) evaluates the ra condition and capacity of the sewer system and :f1p Y Y fiF recommends a Capital Improvement Plan „u. ifk SMP last adopted in 1980 Orange County Sanitation District now requires : SMP update every 5 years for grant eligibility 1.x Capacity deficiencies calculated at City build out with additional 1.95 million gallons per day il :Al t a Revised connection charge is recommended irliA z, ;, :;g= i 2 July 7, 2003 1 Sewer Master Plan if, Funding Capacity Improvements r. Government Code allows collection of Capital Facilities Charge for new developments to mitigate i: impacts to utilities ``'� : Sewer Master Plan requires update of connection ��h fee structure Charge funds cost of capacity increases to deficient lift stations and mains 106 Current charge of $220 per dwelling unit last revised in 19887,4 3 Fee Calculation Example Single Family Dwelling (SFD) Unit Cost = Cost / Incremental Future Flows = $13.62 million / 1 .95 mgd -243 = $6.98 / gallons per day Single Family Dwelling contributes average of 226 gallons per day. ip; Proposed SFD Charge = $1 ,579 AtA 4 July 7, 2003 2 Sewer Master Plan p ia Proposed Charges ? i Capacity Improvements CIP- Collection System $ 3,979,490 ,^ W CIP — Lift Stations 9,641,310 if Total Funding Required $ 13,620,800 Recommended Sewer System Charge Single Family Dwelling $1,579 7tqCa Multi-Family Dwelling $1,292 Non-residential per EDU $1,795 i �fl 5 Sewer System Charges Ordinance becomes effective 60 days after adoption `ys Second reading scheduled July 21st Applies to all sewer connection fees not paid by effective date it 0 Resolution allows charge to be adjusted annually per the Consumer Price Index 46, 6 July 7, 2003 3 Sewer Master Plan ega, Sewer Charge Comparison Agency Single Family Dwelling I.R.W.D. $ 275 - 2,293 Cypres 1,130 - 2,530 OC Sanitation District 1,620 - 1,965 Santa Ana 1,500 - 2,000 • Huntington Beach 1,579 ft Fountain Valley 1,500 ` ` Anaheim 1,470 Seal Beach 1,414 Stanton 1,130 1 to Garden Grove 295 i Orange 75 tn Costa Mesa 55 pA July 7, 2003 4 RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Adopt an Ordinance and Resolution Relating to the Sewer Master Plan COUNCIL MEETING DATE: 1 July 7, 2003 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached Resolution (w/exhibits & legislative draft if applicable) Attached Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) ( ) ( ) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: lN Iioesixa di oh. ev 3 - .4' 2a�4 � /76� ./7 (Below Space For City Clerk's Use Only) RCA Author: Todd Broussard b Ih sI, N B Tyda. NOTICE OF PUBLIC HEARING CITY OF HUNTINGTON BEACH REVISION TO SEWER CONNECTION CHARGE Notice is hereby given that the City Council of the City of Huntington Beach will hold a public hearing in the Council Chambers of the Civic Center, 2000 Main Street, Huntington Beach at the hour of 7:00 p.m., or as soon thereafter as possible on July 7, 2003, for the purpose of considering revisions to the Sewer Connection Charge. The proposed Charge would be imposed on property owners as a condition of their development of property that results in an increased use or new connection to the sewer system. A report detailing the reasons and methodology for the Sewer Connection Charge will be available for public review at City Hall, 2000 Main Street in the City Clerk's office between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, beginning July 26, 2003. All citizens are invited to attend the public hearing and provide the City Council with written and oral comments and ask questions concerning the above proposals. Written communications to the City Council may also be mailed to the City Clerk. The City of Huntington Beach endeavors to accommodate persons of handicapped status in the admission or access to, or treatment or employment in, City programs or activities. The City of Huntington Beach is an equal opportunity employer. Dated vie__ to, 2.003 City of Huntington Beach by: Connie Brockway, City Clerk 2000 Main Street Huntington Beach, CA 92648 Telephone (714) 536-5227 G:\Constniction Contracts(CCs)\CC1144\Sewer Charge Notice.doc c „IA D „„, ?aJ \:T $ MEETING DATE: July 7, 2003 DEPARTMENT SUBJECT: REQUESTING: Public Works Revisions to Sewer Connection Charge TODAY'S DATE June 9, 2003 VERIFIED BY ADMININSTRATION: APPROVED BY: Ray SiiVer City Administrator 6/9/2003 4:11 PM • • CITY COUNCIUREDEVELOPMENT AGENCY PUBLIC HEARING REQUEST SUBJECT: ( )3 L Cc vr:r 0r.) CRAIL&P DEPARTMENT: 1:>U 8u c, ( (LK4 MEETING DATE: J a )) 2 b0S CONTACT: 's toph P,2.6 U . .r&fl�p PHONE: )C N/A YES NO ( ) (4 ( ) Is the notice attached? ' ( ) (v( ( ) Do the Heading and Closing of Notice reflect City Council(and/or Redevelopment Agency)hearing? ( ) (✓) ( ) Are the date,day and time of the public hearing correct? ( ) ( ) (Vr If an appeal, is the appellant's name included in the notice? (� ( . ) ( ) If Coastal Development Permit,does the notice include appeal language? ( ) ( ) Is there an Environmental Status to be approved by Council? (A ( ) -( ) Is a map attached for publication? ( ) ( ) (4 Is a larger ad required? Size (' ( ) - ( ) Is the verification statement attached indicating the source and accuracy of the mailing list? (✓f ( ) ( ) Are the applicant's name and address part of the mailing labels? (4 ( ) ( ) Are the appellant's name and address part of the mailing labels? (� ( ) : ( ) If Coastal Development Permit,is the Coastal Commission part of the mailing labels? (� ( ) ( ) If Coastal Development Permit, are the resident labels attached? a(' ( • ) ( ) Is the Report 33433 attached? (Economic Development Dept. items only) Please complete the following: 1. Minimum days from publication to hearing date I° 2. Number of times to be published 2 3. Number of days between publications 21 • • J, - CITY OF HUNTINGTON BEACH 2000 Main Street P . O . Box 190 Huntington Beach , CA 92648 LETTER OF TRANSMITTAL Fax (714) 374-1573 Attention: Elaine Kuhnke Date: June 6,2003 To: City Administration Office Project/C.C.No.: C.C. No. 1144 2000 Main Street Regarding: Sewer Connection Charge Huntington Beach, CA 92648 ❑ We are sending you: n By Mail ❑ By Fax Mail(Number of pages including this sheet:) ® We are hand delivering: ❑ Attached n Under a separate cover via the following items: n Shop drawings n Prints n Plans Samples n Specifications ❑ Copy of letter n Change Order ® Other: Notice of Public Hearing Item# Copies Pages Description 1 1 1 Notice of Public Hearing 2 3 4 5 These are transmitted as checked below: n For approval ❑ Approved as submitted n Resubmit copies for approval • For your use ❑ Approved as noted n Submit copies for distribution • For your action ❑ Returned for corrections n Return corrected prints n For review/comment n Other: Remarks: On July 7, 2003, the City Council will consider revising the Sewer Connection Charge. Please find attached the Notice of Public Hearing to be published on June 19 and 26, 2003 as well as mailed by June 23, 2003 to all persons requesting notice pursuant to Gov. Code Seciton 66016. Also attached is the Report to be held by the City Clerk for public review. Please contact me at extension 5247 with any questions you may have or Leonie Mulvihill, the attorney assigned to this item, at extension 5620. By: 1 � Tok roussard,Principal Civil ngineer Cc: Leonie Mulvihill w/copy G:\CONsTlwcrioN CONTRACrs(CCs)\CC1 I44\CoRREsP\TRANSMrrrALS\TRANs'roADMiN1144.Doc • [a City of Huntington Beach P.O. Box 190 -2000 Main Street Huntington Beach, California 92648 HUNTINGTON BEACH VANW.ci.huntington-beach.ca.us From the desk of: Connie Brockway, CMC City Clerk Telephone: (714) 536-5404 Fax: (714) 374-1557 CP110 k-ft-1-11 - Ey FP:dxy wi yo u A4,4 PA' rp_e_i_zt14,42„r-- . . . . i.erf fict +0 L, c G /es 0 „To. Cup, .2-1 raProt OV/8'1 o E sg RJd. j 0 (ki it) L. C cl 014-, /v..a C,4 12_6 (-.) . - • • PROOF OF PUBLICATION -cc.Igi 7 STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) NOTICE OF PUBLIC HEARING I am a Citizen of the United States and a CRY OF HUN resident of the County aforesaid; I am RE ISIONGTOEAN OBSEWER GE over the age of eighteen years, and not a CONNECTION eCby Notice is hereby given party to or interested in the below entitled that the City Hunting of the City of Huntington Beach will hold a public matter. I am a principal clerk of the hearing in the Council Chambers of the Civic HUNTINGTON BEACH INDEPENDENT, Center,2000 Main Street Huntington Beach at the a newspaper of general circulation, hour of soon thereafter7 as printed and published in the City of possible on Ju 7,e003 for the purr ypose o f f considering revisions to Huntington Beach, County of Orange, th Sewe. er Connection Cproposon State of California, and that attached Charge would be im- posed on property Notice is a true and complete copy as owne a condition of their d deevelopment of in was printed and published in the property that results an increased use orr new connection to the sewer Huntington Beach issue of said system. A report detailing the newspaper to wit the Issue(s) of: reasons and methodol- ogySewe for the Sewer Connection Charge will be available for public review at City Hall,2000 June I9 2003 Main Street in the City Clerk's office between the hours of 8:00 a.m. June 26 , 2003 and 5:00 p.m. Monday through Friday, begin- ningY June 26,2003. Jul 3 , 2003 All citizens are invited to attend the public hearing and provide the City Council with written and oral comments and ask questions concern- ing the above proposals. Written communications I declare, under penalty of perjury, that to alsohbe1tmailedncil tonay the ty the foregoing is true and correct. C1Thelerk.City of Huntington Beach endeavors to accommodate persons of handicapped status in Executed on the admission orm access ,TLI 1 y � 3 2 n n� to, or treatment or employment in, City at Costa Mesa, California. programs or activities. The City of Huntington Beach is an equal opportunity employer. Dated June to,2003 City of Huntington Beach ea ch Signature by:Connie Brockway, CityClerk 2000 Main Street, Hun- tington Beach,CA 92648 Telephone (714)536-5227 Published Huntington Beach Independent June 19,26,July 3,2003 063- 058 p 2- -- ( , 0110St*I 'DPW CITY OF HUNTINGTON BEACH o, — IV)/ /A3w MEETING DATE: August 20, 2001 DEPARTMENT ID NUMBER:PW 01-114 • Council/Agency Meeting Held: 03—2i —V) Deferred/Continued to: proved ❑ Condition Ily Approved '0 Denied P°/• t ler ignature Council Meeting Date: August 20, 2001 Department ID Number: PW 01-114 ---� Chi-a4-o1 ° �on.D ttos. 'NO , 35o hu+ 35ob CITY OF HUNTINGTON BEACH O /‘/°. 3s°V REQUEST FOR ACTION ,vo. 33 0s ,vh 3 SC ' SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator'. PREPARED BYE 15 OBERT F. BEARDSLEY, Director of Public Works 1 SUBJECT: - Adopt Ordinances Establishing Sewer Service User Charge, Rates and Charges Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: The City Council gave direction to establish a sewer service user •charge. The adoption of three separate ordinances is required to implement different elements of the program. Funding Source: No funding required for this action. Annual revenue of approximately $5.6 million for sewer maintenance and improvements is anticipated. • Recommended Action: 1. Adopt Ordinance No. 3 5 D'1 Adopting Chapter 14.54 of the Huntington Beach Municipal Code regarding implementation of a Sewer Service User Charge pursuant to California Health & Safety Code Section 5470, Et Seq. and making findings in support thereof. • 2. Adopt Ordinance No. 3 5 05 Adopting Chapter 14.55 of the Huntington Beach Municipal Code regarding adoption of rates, charges, annual inflation adjustment and billing methodology for the Sewer Service User Charge. 3. Adopt Ordinance No. .35 O(a Amending Chapter 2.111 of the Huntington Beach Municipal Code by amending Section 2.111.030 pertaining to the duties of the Public Works Commission. 01-114 August 20 Emery-Daily (Sewer Charge Resolution)-2- 8115/01 11:01 AM REQUEST FOR ACTION MEETING DATE: August 20, 2001 DEPARTMENT ID NUMBER:PW 01-114 4. Direct staff to return with an appropriation budget allocating projected revenues for approximately $6.3 million in sewer maintenance and capital improvements ($5.6 million from direct Sewer Service User Charge revenue and $700,000 from the General Fund appropriations for the existing Sewer Service Program; and 5. Direct staff to return with an appropriation budget allocating $600,000 in proposed General Fund appropriations for sewer maintenance to other infrastructure priorities. Alternative Action(s): 1) Deny the recommended action and provide alternative direction to staff to fund the ongoing sewer maintenance and the outstanding sewer capital improvement projects. 2) Adopt Ordinances, but amend the implementing ordinance to allow the final authority on the appeals process to be the City Council. Analysis: The proposed Sewer Service User Charge is designed to fully fund the rehabilitation, replacement, repair and maintenance of all City-owned sewers and lift stations. The anticipated revenue is approximately $5.6 million with $1.1 million of that to be used for maintenance, including cleaning, videotaping and operating the lift stations. In addition, $700,000 will be annually allocated from the General Fund for sewer maintenance purposes. The balance of the projected revenue ($4.5 million) is earmarked for capital improvements, including slip -lining and pump station replacements. A total of$6.3 million will be available for sewer operations, maintenance and improvements. The recommendations of the Infrastructure Planning Committee (IPC) included: 1) the proposed ordinance designates the revenues to a fund that can only be used for sewers; 2) there be an oversight committee to review the revenues and expenditures; and 3) the current General Fund allocation for sewers be directed to other areas of the infrastructure. These objectives are included in the proposed ordinances. The Sewer Service Fund revenue is designated solely for the rehabilitation, replacement, repair, and maintenance of City-owned sewers and lift stations. This is in accordance with the California Health and Safety Code Section 5470, and is included in the ordinance that adds Chapter 14.54 to the Huntington Beach Municipal Code. The ordinance also states the Public Works Commission be established as both the oversight committee, and the final appeals board. The Public Works Commission meets regularly and its current membership includes four members of the Infrastructure Advisory Committee (IAC). Recommended action number four directs staff to return with an appropriations budget for $600,000 of the current proposed General Fund sewer activities, directing those resources to other infrastructure priorities. Staff will return to City Council with the proposed expenditure of these resources. 01-114 August 20 Emery-Daily (Sewer Charge Resolution)-3- 8/15/01 11:15 AM • 1 - , REQUEST FOR ACTION- MEETING DATE: August 20, 2001 , DEPARTMENT ID NUMBER: PW 01-114 A final recommendation of the IPC is to include a Consumer Price Index (CPI) as the methodology for adjusting the fee annually in order to ensure that the revenues continue to fully fund the needs of the program. This action is included in the ordinance that adopts Chapter 14.55 regarding rates and charges. The proposed actions implement the recommendations of the IAC and IPC and direct adequate resources to meet the long-term needs of the City sanitary sewer system. These revenues will also enable the City to respond to the order of the Santa Ana Regional Water Quality Control Board by addressing the 171 locations identified for improvements. Environmental Status: The project is statutorily exempt pursuant to Section 15273 of the California Environmental Quality act. Attachment(s): City Clerk's Page Number No. Description 1 Ordinance No. 3�,'p If Regarding Implementation of a Sewer Service User Charge 2 Ordinance No. 3 5 p 5 Regarding Adoption of Rates, Charges, Annual Inflation Adjustment and Billing Methodology 3 Ordinance No. Amending Chapter 2.111 of the HBMC Pertaining to the Duties of the Public Works Commission RCA Author: L Daily x 5599 01-114 August 20 Emery-Daily (Sewer Charge Resolution)-4- 8115101 11:01 AM (15) August 20, 2001 - Counc Agency Agenda - Page 15 i1 . (CityCouncil) Approve Introduction of Three Ordinances Establishing Sewer F-2. Service User Fee, Rates and Charges (640.10/1020.30) �,I Communication from the Director of Public Works transmitting the following three �V ordinances which are required to implement the different elements of the sewer service t�_ user charge: Recommended Motions: After the City Clerk reads each ordinance by title: (City Council) Approve Introduction of Ordinance No. 3504— Implementation of Sewer Service Charge (640.10) 1. Approve introduction of Ordinance No. 3504— Implementation of Sewer Service Charge— "An Ordinance of the City of Huntington Beach Adopting Chapter 14.54 of the Huntington Beach Municipal Code Regarding Implementation of a Sewer Service User Charge Pursuant to California Health & Safety Code Section 5470, Et Seq. and Making Findings in Support Thereof;" (Approved Introduction of Ord. No. 3504 (6-0-1 Garofalo No)] and ago 2d-ol 0� .`1L (City Council) Approve Introduction of Ordinance No. 3505—Adoption of Rates, ( Charges, Annual Inflation Adjustment and Billing Methodology for the Sewer 1` Service User Charge (1020.30) f?. N 2. Approve introduction of Ordinance No. 3505—Adoption of Rates, Charges, Annual Inflation Adjustment and Billing Methodology for the Sewer Service User Charge— "An Ordinance of the City of Huntington Beach Adopting Chapter 14.55 of the Huntington Beach Municipal Code Regarding Adoption of Rates, Charges, Annual CPIU Adjustment, and Billing Methodology for the Sewer Service User Charge." (CPIU is Consumer Price Index for All Urban Consumers in Los Angeles, Orange and Riverside Counties established by the U.S. Bureau of Labor Statistics); [Approved Introduction of Ord. No. 3505 (6-0-1 Garofalo No)] and (City Council) Approve Introduction of Ordinance No. 3506—Amends the Huntington Beach Municipal Code by Amending Section 2111.030 Pertaining to the Public Works Commission (640.10) 3. Approve introduction of Ordinance No. 3506—Amends the Huntington Beach Municipal Code by Amending Section 2111.030 Pertaining to the Public Works Commission— "An Ordinance of the City of Huntington Beach Amending Chapter 2.111 of the Huntington.Beach Municipal Code by Amending Section 2.111.030 Pertaining to Duties of the Public Works Commission." [Approved Introduction of Ord. No. 3506 (6-0-1 Garofalo No)] • Note: Five Affirmative Votes of Council Required for Adoption of Ordinance No. 3504 and Ordinance No. 3505. Adoption is Scheduled for the September 4, 2001 Council Meeting. [Motion that the City's Financial Policy be amended to designate $700,000 from the General Fund to augment the Sewer Fee - Approved 5-2 (Green, Garofalo No)] ATTACHMENT # 1 ORDINANCE NO. 3504 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ADOPTING CHAPTER 14.54 OF THE HUNTINGTON BEACH MUNICIPAL CODE REGARDING IMPLEMENTATION OF.A SEWER SERVICE USER CHARGE PURSUANT TO CALIFORNIA HEALTH& SAFETY CODE SECTION 5470,ET SEQ. AND MAKING FINDINGS IN SUPPORT THEREOF The City Council of the City of Huntington Beach does ordain as follows: • SECTION 1: Findings and Intent. The City Council finds as follows: A. Portions of the City's existing sewer system are over 80 years old; repairs and maintenance have not kept pace with the rate of deterioration and required repair, rehabilitation and replacement needs. B. The City Council, upon advisement from the City of Huntington Beach Finance Board in 1995 that the City's infrastructure needs were significantly under-funded, did direct the Public Works Department staff to initiate a detailed study of infrastructure needs and make recommendations for the funding of such needs. • C. The City's Public Works Department, in coordination with the City's Public Works Commission, did commence a major investigation of infrastructure needs, resulting in its comprehensive report entitled "Integrated Infrastructure Management Program ("IIMP")Report to the City Council. The IIMP Report, presented to the City Council in April 1997, showed a significant funding shortfall. D. A Citizens' Infrastructure Advisory Committee("IAC")was appointed by the City Council in 1998 to review the IIMP and its forecast shortfall of public funding resources and make recommendations to the City Council regarding the optimum. approach for financing/funding the most critical and long-term infrastructure needs of the community. The IAC was composed of representatives from a broad cross- section of leaders from community organizations including business, school districts, environmental groups, civic, neighborhood associations, as well as City commissions • and boards. E. The City Council received a comprehensive study from the Citizens' Infrastructure Advisory Committee entitled "The City of Huntington Beach's Infrastructure Needs -Final Report-July 2000" ("IAC Report"). The IAC Report identifies sewer system repairs and maintenance as the most critical unfunded infrastructure need. The IAC Report further recommends that the City Council enact a monthly sewer user charge as soon as possible to raise the funds needed for such repairs and maintenance. 1 Ord. No. 3504 F. In August 2000, the City Council appointed the Infrastructure Planning Committee ("IPC"), composed of 3 City Council members, 6 IAC members, the chairperson of the Public Works Commission and the vice-chairperson of the Finance Board, to make recommendations to the City Council regarding methods of funding and financing for infrastructure needs. , G. In March 2001, the IPC presented its funding recommendations to the City Council and reaffirmed that the enactment of a sewer service user charge as soon as practicable was a key recommendation for funding sewer system repairs and maintenance. In response to the IPC recommendation, the City Council authorized a study by Darrel Cohoon &Associates ("DCA") to determine an appropriate sewer service user charge calculation methodology. H. The IPC further recommended that the proposed sewer service fund be subject to an annual review and performance audit, that the interest earned on the fund shall accrue to that account only, and that the funds shall not be transferred, loaned or otherwise encumbered for any program except direct costs relating to sewer infrastructure improvements or maintenance(including construction, design, engineering, project management, inspection, and contract administration). I. Additionally,the City is further required to fully comply with the terms and conditions of"California Regional Water Quality Control Board Santa Ana Region Cleanup and Abatement Order#00-86" under the probation terms of the March 28, 2001 court order in the Superior Court matter of People v. City of Huntington Beach. J. The City of Huntington Beach is faced with increasing costs for the operation, maintenance, and improvement of its sewer service system. K. Existing City funds and funding sources are insufficient to fund the identified needs for sewer service improvements, operation and maintenance of the sewer system. • L. Municipalities are authorized under California Health and Safety Code Section 5470, et. seq. to establish fees and charges for funding sewer services improvements and the operation and maintenance thereof. M. The City Council finds that a need exists for additional funding for sewer services and . that the establishment of a sewer service user charge is the most equitable method of providing this funding. N. In July 2001,DCA submitted its"Sewer Service Charge Approach"which outlines the sewer charge customer categories, charge types and amounts to be used in implementing the Sewer Service User Charge. O. The amount of the proposed sewer service user fees and charges shall not exceed the reasonable cost of providing the improvements, services, facilities or regulatory activity for which the fees or charges are charged. 2 2001 ord/sewer servicevuser charge SECTION 2: The City of Huntington Beach Municipal Code("Municipal Code") is hereby amended by adding new Chapter 14.54 entitled "Sewer Service User Charge" to read as follows: 14.54.010 Short Title This Chapter of the Municipal Code maybe cited as the"Sewer Service User Charge" Ordinance. 14.54.020 Intent and Purposes Pursuant to California Health & Safety Code Section 5470 et. seq., the City is authorized to adopt fees and charges for the acquisition, construction, reconstruction, maintenance, and operation of sewerage facilities. This Chapter is intended to ensure that sufficient revenues are collected to adequately acquire, construct, reconstruct, maintain, and operate the City's needed sewerage facilities. By imposing a charge that is reasonably related to the burdens imposed upon the sewerage facilities by sewer service customers, the City will be able to acquire and/or construct the required capital improvements to the sewerage facilities, undertake the needed reconstruction and maintenance of existing sewerage facilities, and operate the sewerage facilities in accordance with the goals, objectives and policies of the City's Integrated Infrastructure Management Program. 14.54.030 Definitions For the purpose of this Chapter, the following terms shall be defined as follows: (a) "City" shall mean the City of Huntington Beach. (b) "Public Works Director"shall mean the Public Works Director or the Director's designee. (c) "Sewer Charge Customer Category" shall mean any of the specific use categories that have been listed in the Ordinance establishing sewer service user rates and charges pursuant to Section 14.54.040. • (d) "Sewer Service Customer" shall mean the person obligated to pay the Sewer Service User Charge or other fee(s) established pursuant to this Chapter. (e) "Sewer Service Fund" shall mean the special fund established pursuant to this Chapter into which all revenues from sewer service user charges will be deposited. (f) "Sewer Service User Charge"or"Charge" shall mean the charge imposed on sewer service customers pursuant to this Chapter. (g) "Sewer System"shall mean all sanitary sewer facilities owned and maintained by the City of Huntington Beach and used for the purpose of collecting and conveying sewage to the Orange County.Sanitation District's treatment and conveyance facilities. 3 (h) "Water Customer" shall mean any person with a City water utility account. 14.54.040 Establishment of a Sewer Service User Charge A Sewer Service User Charge is hereby established. After the effective date of this Chapter, any water customer of the City of Huntington Beach is hereby required, unless exempted pursuant to the provisions of Section 14.54.100, to pay a Sewer Service User Charge in the manner and amount specified herein. The City Council shall, by Ordinance, set the specific amount of the rates and charges for sewer service customers and the rates and formulas for modifying the charges to account for annual adjustments in the Consumer Price Index for All Urban Consumers ("CPU") in Los Angeles, Orange and Riverside Counties established by the U.S. Bureau of Labor Statistics. The specific amount of the charge shall be based upon the sewer service customer category with allowance for adjustments and exemptions as set forth in this .Chapter. 14.54.050 Sewer Service Fund Created (a) The City hereby establishes a special fund within the City's fiscal system to be known as the"Sewer Service Fund." (b) All revenues from sewer service usercharges and any related fees and charges shall be deposited to the Sewer Service Fund. (c) The interest earned on the Sewer Service Fund shall accrue to that account only. (d) The monies in the Sewer Service Fund shall not be transferred, loaned or otherwise encumbered for any program except the acquisition, construction, reconstruction,maintenance, and operation of the City's sewer system or as may be further authorized under State law in accordance with the provisions of Health &Safety Code Section 5471. (e) Revenues derived pursuant to this Chapter and placed into the Sewer Service Fund shall not be used for the acquisition or construction of new local street sewers or laterals as distinguished from main trunk, interceptor arid outfall sewers or as may be further prohibited under State law in accordance with the provisions of Health &Safety Code Section 5471. 14.54.060 Setting of Sewer Service User Rates and Charges (a) The City Council shall by Ordinance establish a system of sewer service user charges for all water customers in the City. • • • Ord. No. 3504 (b) To the extent practicable, user charges shall be based on each sewer service customer's category of expected rate and volume of sewer service usage. Said charges shall not exceed the reasonable cost of providing the services, facilities or regulatory activity for which the fee is charged. 14.54.070 Annual Program Review The Sewer Service Fund shall be subject to an annual review and performance audit by the Public Works Commission. The City Council periodically, at least annually, shall receive at a regularly scheduled meeting, oral and written presentations as recommended by the Public Works Commission, concerning fees, rates, and/or charges proposed to be modified or added to the sewer service user charge. Such public meeting and oral and written presentations shall be provided prior to the City Council taking any action on any new or modified sewer service user charges. At least one such public hearing shall be held annually, in conjunction with the City's annual budget process and hearing. 14.54.080 Billing of Sewer Service User Charges The billing of the sewer service user charge for water customers of the City shall be made at such time and frequency and such method as the City Council may deem appropriate by Ordinance. • 14.54.090 Payment and Collection of Sewer Service User Charges All sewer service user charges, however billed, shall be subject to the payment, collection and enforcement procedures for water billings as set forth in Municipal Code Section 14.12.120. 14.54.100 Exemptions (a) Exemption Categories. The following water customers shall be exempt from the requirements of this Chapter: (1) The City of Huntington Beach. (2) Water customers with irrigation only accounts or meters as determined by the Public Works Director. (3) Water customers who are not connected to the City sewer system. (b) Claim for Exemption Required. Any claim of exemption under 14.54.100(a)(3) must be filed in the same manner and will be considered pursuant to the same procedure as for a sewer service user charge adjustment as provided in Section 14.54.110. 5 ,nn I nrd/cpwer servicevuser char2e Ord. No. 3504 14.54.110 Sewer Service User Charge Adjustments and Appeals Process (a) Any water customer subject to the sewer service user charge may apply to the City for an adjustment of or exemption from the charge. (b) Any water customer who has reason to dispute the imposition or computation of the sewer service user charge billed pursuant to this Chapter shall file, within sixty(60) days of payment of the charge, an application for an adjustment in the manner prescribed by the Administrative Implementation Guidelines. The Public Works Director shall consider all data provided along with the application and shall render a decision in writing to the applicant within forty-five (45) days of the date that the application is received. (c) Any applicant who has reason to dispute a decision of the Public Works Director regarding the application for adjustment and/or exemption pursuant to Section 14.54.110(b) shall file an appeal of said decision to the Public Works Commission in the manner prescribed by the Administrative Implementation Guidelines. The decision of the Public Works Commission will be final with respect to City action on the appeal. 14.54.120 Refund of Sewer Service User Charge Upon application for a sewer service user charge adjustment or exemption pursuant to • Section 14.54.110, a charge will be refunded, wholly or in part, only if a water customer demonstrates to the satisfaction of the Public Works Director and/or Public Works Commission that the charge was erroneously or illegally collected, or if the City is compelled to do so pursuant to a final judgment by a court of competent jurisdiction. 14.54.130 Preparation of Administrative Implementation Guidelines Within sixty(60) days after the effective date of the Ordinance enacting this Chapter, the Public Works Director shall prepare administrative guidelines to implement the provisions of this Chapter. The guidelines shall include administrative procedures, example fee calculations, application and appeals forms and such other information that will assist City staff,decision makers, sewer service customers and the general public to understand how the provisions of this Chapter are to be impleinented. SECTION 3. Severability. The City Council hereby declares that the provisions of this Ordinance are severable and,if for any reason a court of competent jurisdiction shall hold any phrase, sentence,paragraph or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. SECTION 4. Effective Date. This Ordinance shall take effect and be in full force thirty(30) days from and after passage thereof. 6 2001 ord/sewer servicevuser charge Ord. No. 3504 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 4th day of September 2001. `Pawn?..1-64-ri-/ (14-441' Mayor ATTEST: APPROVED AS TO FORM: OcebeelL4,-- City Clerk 09-1I-6 ,Pit:City Attorney REVIEWED AND APPROVED: ED AND APPRO D r. City Ad inistrator Public Works Director • • 2001ord/sewer servicevuser charge Ord. No. 3504 STATE OF CALIFORNIA. ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City,do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 20th day of August, 2001, and was again read to said City Council at a regular meeting thereof held on the 4th day of September, 2001, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Green, Boardman; Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None ABSTAIN: None I,Connie Brockway CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this. Ordinance has been published in the Independent on t aed.v ,2001 In accordance with the City Charter of said City • City Clerk and ex-officio Clerk Connie Brockway, City Clerk of the City Council of the City Deputy City Clerk of Huntington Beach, California g Jo rd i n a nc/o rd b kpg 2001.d oc ATTACHMENT #2 ORDINANCE NO. 3505 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ADOPTING CHAPTER 14.55 OF THE HUNTINGTON BEACH MUNICIPAL CODE REGARDING ADOPTION OF RATES, CHARGES, ANNUAL CPIU ADJUSTMENT, AND BILLING METHODOLOGY FOR THE SEWER SERVICE USER CHARGE WHEREAS, the City Council has determined the need to adopt a sewer service • user charge to ensure that sufficient revenues are collected to adequately acquire, construct, reconstruct,maintain, and operate the City's needed sewerage facilities; and WHEREAS,pursuant to proposed Huntington Beach Municipal Code Section 14.54.040, the City Council shall,by ordinance, set the specific amounts of the rates and charges for sewer service customers and the rates and formulas for adjusting the charges to account for annual adjustments in the Consumer Price Index for All Urban Consumers ("CPIU") in Los Angeles, Orange and Riverside Counties established by the U.S. Bureau of Labor Statistics; and WHEREAS, pursuant to proposed Huntington Beach Municipal Code Section 14.54.060, the City Council shall,by ordinance, establish a system of sewer service user charges for all water customers in the city; and WHEREAS, the City Council accepts the findings and methodologies of the July• 2001 Darrel Cohoon &Associates report entitled "Sewer Service Charge Approach"; and • WHEREAS,pursuant to proposed Huntington Beach Municipal Code Section 14.54.080, the City Council shall by ordinance set the time, frequency, and method of the billing of the sewer service user charge for water customers, NOW,THEREFORE, The City Council of the City of Huntington Beach does ordain as follows: SECTION 1: The City of Huntington Beach Municipal Code ("Municipal Code")is hereby amended by adding new Chapter 14.55 entitled"Rates, Charges,Annual CPIU Adjustment, and Billing Methodology for the Sewer Service User Charge"to read as follows: • Section 14.55.010 Purpose The purpose of this Chapter is to establish the specific amounts of the rates and charges for sewer service customers and the rates and formulas for modifying the charges to account for annual adjustments in the Consumer Price Index for All Urban Consumers ("CPIU") in Los Angeles, Orange and Riverside Counties established by the U.S.Bureau of Labor Statistics, and to establish the billing methodology for water customers. 1 ordinances/2001/Adopt Chapter 14.55—Sewer User Fees f Ord. No. 3505 Section 14.55.020 Rates, Charges and Billing Methodology Water customers shall be charged a sewer service user charge at the following rates, as set forth below, based upon sewer charge customer category and charge type. Customer Category Charge Type Charge Residential— Single-family Flat charge—Same amount for all $5.30 per unit and townhouses served by customers in category. Calculated and per month individual meters. billed monthly via the Utility Billing . System. Apartment—All apartments, Flat charge—Same amount for all $4.40 per unit mobile homes, and townhouses customers in category. Calculated and per month served by common water billed monthly via the Utility Billing meters. - System. Regular Commercial/Industrial Flat rate—Same dollar amount per $6.15 per - Businesses, including private Equivalent Dwelling Unit (EDU). EDU per schools, that do not meet the Calculated and billed monthly via the month r criteria for inclusion in the Utility.Billing System. EDU refers to High- Consumption/Industrial either(1)the capacity of a customer's customer category. water meter in comparison to a standard 3/4 inch meter,or(2) the number of tenant units that receive water service through the water meter,whichever is higher. The city already uses these ratios in calculating the water capital . surcharge. High-Consumption Flat rate—Same amount per hundred $0.60 per Commercial/Industrial— cubic feet(HCF) of estimated sewer HCF per year Businesses with high water discharge. Calculated and billed consumption relative to their monthly through the City's Accounts meter size. Receivables System. Public Schools—All public K- Flat rate—Flat rate per student per year, High School: 8 and high school districts with based on annual daily attendance(ADA) $1.69 per schools in the City. figures as provided by the school ADA per districts,with a different rate per student year. for K-8 and for high schools. K_8: Calculated and billed annually through $1.09 per the City's Accounts Receivables ADA per year System. 2 ordinances/2001/Adopt Chapter 14.55—Sewer User Fees • • Ord. No. 3505 Section 14.55.030 Annual CPIU Adjustments (a) Each Sewer Service User Charge shall be adjusted to reflect the annual percentage adjustment in the Consumer Price Index for All Urban Consumers ("CPIU") in Los Angeles, Orange and Riverside Counties established by the U.S. Bureau of Labor Statistics and available as of July 1 each year. (b) Adjustments based on these criteria will be determined on July 1 of each year. The adjustments will be implemented effective the following October 1, which is the beginning of the city's fiscal year. SECTION 2: The City Council hereby declares that the provisions of this Ordinance are severable and, if for any reason a court of competent jurisdiction shall hold any phrase, sentence, paragraph or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. SECTION 3: This Ordinance shall take effect and be in full force 30 days from and after the passage thereof, or on October 1, 2001,whichever date is later. .PASSED AND ADOPTED by the City Council of the City of Huntington Beach.at a regular meeting thereof held on the 4th day of September , 2001. Ni41111?tAbl-ii-J 1.14..14-ft., Mayor ATTEST:doxice,;, e#41 7— City Clerk o1-1j-bl REVIEWED AND APPROVED: APPROVED AS TO FORM: City Adffiinistrator City Attorney TTIA' ED AND APP ED: Director of Public orks 3 ordinances/2001/Adopt Chapter 14.55—Sewer User Fees Ord. No. 3505 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 20th day of August, 2001, and was again read to said City Council at a regular meeting thereof held on the 4th day of September, 2001, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None ABSTAIN: None • I,Connie Brockway CITY CLERK of the City of Huntington Beach and ex-ofiicio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Independent on dore , aii / 2001 • In accordance with the City Charter of said City City Clerk and ex-officio Clerk Connie Brockway, City Clerk of the City Council of the City Deputy City Clerk of Huntington Beach, California g:/ordinano/ordbkpg2001.doc ATTACHMENT #3 ORDINANCE NO. 3506 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 2.111 OF THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTION 2.111.030 PERTAINING TO DUTIES OF THE PUBLIC WORKS COMMISSION The City Council of the City of Huntington Beach does ordain as follows: SECTION 1. That Chapter 2.111.030 of the Huntington Beach Municipal Code is hereby amended to read as follows: 2.111.030 Duties. The duties of the Public Works Commission shall be as provided below: (a) Provide annual review and comment upon Public Works Capital Improvement Projects and Program. (b) Review and comment upon the following: (1) The long term infrastructure maintenance and repair program; (2) Oil pipeline permits issued by Public Works staff; and (3) Traffic control device permits issued by Public Works staff. (c) Recommend to the City Council Capital Projects which exceed $50,000.00 and may review capital project repairs exceeding$50,000.00. (d) Review all capital improvements construction project change orders • exceeding$50,000.00 and not more than $100,000.00 for all cash contracts. (e) Conduct an annual review and performance audit of the Sewer Service Fund. (f) Recommend to the City Council on an annual basis any fees, rates and/or charges proposed to be modified or added to the Sewer Service User Charge. (g) Have the power and be required to hear for final decision appeals from sewer service user charge adjustment and/or exemption decisions made by the Public Works Director. ord/2001/Ordinance-Amend Chapter 2.111 1 Ord. No. 3506 SECTION 2. This ordinance shall take effect 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held thereof on the 4th day of September , 2001. ?f,41•44-7%-/ athtit, Mayor ATTEST: APPROVED AS TO FORM: i e o ,s City City Clerk 64--1}�1 _Frh'Attorney QA,15 I REVIEWED AND APPROVED. AND APPROVED: City Adfninistrator Public Works Director • • ord/2001/Ordinance'-Amend Chapter 2.111 2 Ord. No. 3506 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTENGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 20th day of August, 2001, and was again read to said City Council at a regular meeting thereof held on the 4th day of September, 2001, and was passed and adopted by the affirmative vote of at least a majority of all the - members of said City Council. • AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None ABSTAIN: None I,Connie Brockway CITY CLERK of the City of Huntington Beach and ex-offrcio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Independent on dt,fiee,;, ,2001 In accordance with the City Charter of said City City Clerk and ex-officio Clerk Connie Brockway,City Clerk of the City Council of the City Deputy City Clerk of Huntington Beach, California - g,/ordina nc/o rd bkpg2001.doc I' LEGISLATIVE DRAFT 2.111.030 Duties. The duties of the Public Works Commission shall be as provided below: (a) Provide annual review and comment upon Public Works Capital Improvement Projects and Program. (b) Review and comment upon the following: (1) The long term infrastructure maintenance and repair program; (2) Oil pipeline permits issued by Public Works staff; and (3) Traffic control device permits issued by Public Works staff. (c) Recommend to the City Council Capital Projects which exceed $50,000.00 and may review capital project repairs exceeding$50,000.00. (d) Review all capital improvements construction project change orders exceeding$50,000.00 and not more than $100,000.00 for all cash , contracts. (e) Conduct an annual review and performance audit of the Sewer Service Fund. • (f) Recommend to the City Council on an annual basis any fees, rates and/or charges proposed to be modified or added to the Sewer Service User Charge. (g) Have the power and be required to hear for final decision appeals from sewer service user charge adjustment and/or exemption decisions made by the Public Works Director.