HomeMy WebLinkAboutAgenda Report - December 21, 2005 K-09AGENDA ITEM Aowol
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AGENDA TITLE: Introduce Ordinance Amending Lodi Municipal Code R6lating to the Establi8huhent
of Wastewater Development Impact Fees by Amending Lodi Municipal Code Tme 13
— Public Services — Chapter 13.12, "Sewer Service," by Repealing and Reenacilling
Sections 13.12.020 (5) and (45), 13.12.180 (A), and 13.12.190; and Further Amending
Title 15 — Buildings and Construction — Chapter 15.64, "Development Impact
Mitigation Fees," by Amending Section 15.64.10 — Adding New Paragraph "F" and
Relettering Paragraphs (G) and (H) — Repealing and Reenacting Sections 15.64.030
(A) and 15.64.040, Amending Section 15.64.060 — Adding Paragraph "C" — and
Repealing and Reenacting Section 15.64.070 (B)
MEETING DATE: December 21, 2005
PREPARED BY: Public Works Director
RECONMENDED ACTION: That the City Council introduce an ordinance amending Lodi Municipal
Code relating to the establishment of Wastewater Development Impact
fees by amending Lodi Municipal Code Title 13 — Public Services —
Chapter 13.12, "Sewer Service," by repealing and reenacting Sections
13.12.020 (5) and (45), 13.12.180 (A), and 13.12.190; and further amending Title 16 — Buildings and Construction
-- Chapter 15.64, "Development Impact Mitigation Fees," by amending Section 15.64.10 — adding new paragraph
"F" and relettering paragraphs (G) and (H) — repealing and reenacting Sections 15.64.030 (A) and 15.64.040,
amending Section 15.64.060 — adding paragraph "C"— and repealing and reenacting Section 15.64.070 (B).
BACKGROUND INFORMATION: The proposed amendments to the Municipal Code implement changes to
the way wastewater capacity impact fees will be charged to new
development for capacity at the White Slough Water Pollution Control
Facility (WSWPCF) and facilities at the Municipal Service Center (MSC).
This is a one-time fee on new development or improvements that increase loading on WSWPCF. The actual fee
will be adopted by resolution following adoption of the ordinance amendments.
Background information on the proposed fee update was presented to the Council at a special meeting on
November 22, 2005, at which time the Council set a public hearing for January 4, 2005. This staff report
focuses only on the proposed changes to the Municipal Code which will combine the City's separate
wastewater impact fee, which primarily covers costs for expansion of the MSC, and the capacity fee. This was
done to simplify the fee system to only have one sewer development fee.
The proposed changes also specify when impact fees are to be paid -- with the building permit. Previously
these fees were collected at various times — map filing, improvement agreement, acceptance of public
improvements and with building permits. This change will make this process more consistent. The only
exceptions would be for the few cases in which improvements that trigger fee payment do not require a
building permit, or as may be otherwise provided in a development agreement.
FISCAL IMPACT: Not applicable with this action.
FUNDING AVAILABLE: Not applicable.
Richard C. Prima, J .
Public Works Director
RCPtpmf
cc: Interested Parties
APPROVED:
Blair King, Ity Manager
JA MFees\Wastewater FeeslC1ntroWWFee0rd2.doc 12/15IZ05
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI AMENDING LODI
MUNICIPAL CODE TITLE 13 — PUBLIC SERVICES, CHAPTER 13.12 "SEWER
SERVICE," BY REPEALING AND REENACTING SECTIONS 13.12.020 (5) and (45),
13.12.180 (A), AND 13.12.190; AND FURTHER AMENDING TITLE 15 — BUILDINGS
AND CONSTRUCTION, CHAPTER 15.64 "DEVELOPMENT IMPACT MITIGATION FEES"
BY AMENDING SECTION 15.64.10 - ADDING NEW PARAGRAPH "F" AND
RELETTERING PARAGRAPHS (G) and (H), REPEALING AND REENACTING
SECTIONS 15.64.030 (A) AND 15.64.040, AND AMENDING SECTION 15.64.060
ADDING PARAGRAPH "C, AND REPEALING AND REENACTING SECTION 15.64.070
(B) RELATING TO THE ESTABLISHMENT OF WASTEWATER DEVELOPMENT
IMPACT FEES
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS:
Section 1. Lodi Municipal Code Title 13, "Public Services," Chapter 13.12, "Sewer Service," is
hereby amended by repealing and reenacting Sections 13.12.020 (5) and (45), 13.12.180 (A), and
13.12.190, and shall read as follows:
13.12.020 Definitions.
5. "Capacity" or "Impact fee" means a charge as described in this chapter, levied on construction,
or on new, expanded or ongoing activity, which uses POTW capacity and other wastewater
facilities associated with growth. The fee is normally paid at the time of issuance of a building
permit.
45. "Sewage service unit or SSU" is defined as each increment of flow equal to the flow from an
average two-bedroom residence (two hundFed and sox one -hundred and ninety-four gallons per
day) and having a strength less than three hundred milligrams per liter BOD and SS.
13.12.180 Domestic system service charges.
A. Basis. Charges for use of the domestic system shall be determined by the volume, biochemical
oxygen demand (BOD) and suspended solids (SS) of wastes discharged. In addition, charges for
preparation and maintaining the Sewer Master Plan, expansion of the Public Works Administration
Building and expansion of the Public Works Storage Facilities are allocated based upon volume.
BOD and SS.
13.12.190 Domestic system capacity or impact fees.
The capacity fee shall cover the capital cost associated with the POTW capacity whiGh well be Utilize
by the dnsGh^"^'^" and the alannina. financina. acauisition and develoament of other services and
facilities directly related to the utilization of capacity by the discharger. Any actual costs incurred by the
city in making the physical connection (tap) shall be separate and in addition to the capacity fee
described in this section.
A. Moderate -strength user capacity fees shall be based on a rate per sewage service unit as
assigned under Section 13.12.180. The capacity fee for a new commercial or industrial user shall
be a minimum of one sewage service unit, and additions or modifications shall be prorated to
fractions of sewage service units.
B. High-strength user capacity fees shall be based on a unit rate for flow, BOD and SS. The
estimated annual quantities of each characteristic shall be justified to, and approved by, the
Public Works Director for the purpose of determining the capacity fee.
C. City projects and projects funded by the City are exempt from capacity fees as described in this
section.
Section 2. Lodi Municipal Code Title 15, "Buildings and
"Development Impact Mitigation Fees," is hereby amended by
paragraph F and relettering paragraphs G and H, repealing and
15.64.040, and amending §15.64.060 adding paragraph (C)
§15.64.070 (B), and shall read as follows:
15.64.010 Findings and purpose.
Construction," Chapter 15.64
amending §15.64.10 adding new
reenacting §§15.64.030 (A) and
and repealing and reenacting
F. The specific improvements and costs for wastewater capacity impact fees are described in the
City of Lodi Wastewater Capacity Fees Analysis prepared for the City by Hilton. Farnkopf &
Hobson. LLC. dated August 15. 2005, and the Development Impact Fee Update Study prepared
for the City by Harris & Associates. dated October 2001, copies of which are on file with the CitX
Clerk. The calculation of the fee is presented in Title 13, Chapter 13.12 of the Lodi Municipal
Code.
G. New development will generate new demand for facilities which must be accommodated by
construction of new or expanded facilities. The amount of demand generated and, therefore, the
benefit gained, varies according to kind of use. Therefore, a "residential acre equivalent" (RAE)
factor was developed to convert the service demand for general plan based land use categories
into a ratio of the particular use's rate to the rate associated with a low-density, single-family
dwelling gross acre. The council finds that the fee per unit of development is directly proportional
to the RAE associated with each particular use.
H. The city has previously approved various development projects which have made significant
financial expenditures towards completion, including the payment of the then current development
impact mitigation fees; but have not obtained a building permit. The city council finds and declares
that such projects should be allowed to proceed without the imposition of new development impact
mitigation fees imposed under this chapter.
15.64.030 Development impact funds.
A. The city finance director shall create in the city treasury the following special interest-bearing trust
funds into which all amounts collected under this chapter shall be deposited:
1. Water facilities;
2. Sewer facilities:
,
h Kett1.,man Lane e lift station,
e. HaFRey Lane loft ,
d Gluff Avenue lift stab.-.
,
3. Storm drainage facilities;
4. Street improvements;
5. Police facilities;
6. Fire facilities;
7. Parks and recreation facilities;
8. General city facilities and program administration.
2
15.64.040 Payment of Fees.
A. The property owner of any development project causing impacts to public facilities shall pay the
appropriate development mitigation fee as provided in this chapter. The amount shall be
calculated in accordance with this chapter and the program fee
as established by council resolution.
B. When such payment is required by this chapter, no final subdoyisien Fnap, building permit or site
development gFad+ag permit shall be approved for property within the city unless the development
impact mitigation fees for that property are paid or guaranteed as provided in this chapter.
C. The fees shall be paid with befOFe the approval of a final subdivision map, building permit or site
development gFad+agpermit, whichever occurs first except as provided in subsection (E) or (F) of
this section.
D. If a final subdivision map has been issued before the effective date of the ordinance codified in this
chapter, then the fees shall be paid before the issuance of a building permit or grading permit,
whichever comes first except as exempted under Section 15.64.110 of this chapter.
E. Where the development project includes the installation of public improvements, the payment of fees
established by this chapter may be deferred and shall be collected prior to acceptance of the public
improvements by the city council. Payment of all deferred fees shall be guaranteed by the owner
prior to deferral. Such guarantee shall consist of a surety bond, instrument of credit, cash or other
guarantee approved by the city attorney.
F. The fees may not be prepaid unless specified otherwise in a fee payment agreement or
development agreement approved by the City Council.
G. Notwithstanding the above. City may collect subsequent increases in impact fees or new impact
fees, unless the development project is exempt from fee increases under the terms of a fee
payment agreement approved by Council. a Development Agreement approved by Council or
California law.
15.64.060 Calculation of fees.
C. Sewer fees shall be calculated and collected per LMC 13.12.
3
15.64.070 Residential acre equivalent factor.
B. The residential acre equivalent (RAE) factors are as set out in the following table.
Office
Commercial 0.64 8-34 1.33 3.27 3.72 2.46 0.54 1.53
INDUSTRIAL
Light Industrial 0.26 042- 1.33 2.00 0.30 0.64 0.23 0.64
Heavy Industrial 0.26 0-42- 1.33 1.27 0.19 0.61 0.33 0.93
Section 3 - No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed
or given effect in a manner which imposes upon the City, or any officer or employee thereof, a
mandatory duty of care towards persons or property within the City or outside of the City so as to
provide a basis of civil liability for damages, except as otherwise imposed by law.
Section 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such
conflict may exist.
Section 5. This ordinance shall be published one time in the "Lodi News Sentinel," a daily
newspaper of general circulation printed and published in the City of Lodi, and shall be in force and
take effect 30 days from and after its passage and approval.
Attest: Approved this day of , 2005.
SUSAN BLACKSTON
City Clerk
4
SUSAN HITCHCOCK
Mayor
Storm
Parks &
General
Land Use
Water
SeweF
Drainage
Street
Police
Fire
Recreatio
Facilities
Categories
RAE
RAE
RAE
s RAE
RAE
RAE
n RAE
RAE
RESIDENTIAL
Low Density
1.00
4-:88
1.00
1.00
1.00
1.00
1.00
1.00
Medium Density
1.96
4636
1.00
1.96
1.77
1.96
1.43
1.43
High Density
3.49
3-49
1.00
3.05
4.72
4.32
2.80
2.80
East Side
Residential
1.00
4-. W
1.00
1.00
1.09
1.10
1.10
1.10
PLANNED
RESIDENTIAL
Low Density
1.00
4-. W
1.00
1.00
1.00
1.00
1.00
1.00
Medium Density
1.96
4-.96
1.00
1.96
1.77
1.96
1.43
1.43
High Density
3.49
3-4-9
1.00
3.05
4.72
4.32
2.80
2.80
COMMERCIAL
Retail Commercial
0.64
0-34
1.33
2.08
4.12
2.69
0.32
0.89
Office
Commercial 0.64 8-34 1.33 3.27 3.72 2.46 0.54 1.53
INDUSTRIAL
Light Industrial 0.26 042- 1.33 2.00 0.30 0.64 0.23 0.64
Heavy Industrial 0.26 0-42- 1.33 1.27 0.19 0.61 0.33 0.93
Section 3 - No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed
or given effect in a manner which imposes upon the City, or any officer or employee thereof, a
mandatory duty of care towards persons or property within the City or outside of the City so as to
provide a basis of civil liability for damages, except as otherwise imposed by law.
Section 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such
conflict may exist.
Section 5. This ordinance shall be published one time in the "Lodi News Sentinel," a daily
newspaper of general circulation printed and published in the City of Lodi, and shall be in force and
take effect 30 days from and after its passage and approval.
Attest: Approved this day of , 2005.
SUSAN BLACKSTON
City Clerk
4
SUSAN HITCHCOCK
Mayor
State of California
County of San Joaquin, ss.
I, Susan J. Blackston, City Clerk of the City of Lodi, do hereby certify that Ordinance No.
was introduced at a regular meeting of the City Council of the City of Lodi held , 2005, and
was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held
, 2005, by the following vote:
AYES: COUNCIL MEMBERS —
NOES: COUNCIL MEMBERS —
ABSENT: COUNCIL MEMBERS —
ABSTAIN: COUNCIL MEMBERS —
I further certify that Ordinance No. was approved and signed by the Mayor of the date of its
passage and the same has been published pursuant to law.
Approved as to Form:
D. STEPHEN SCHWABAUER
City Attorney
A
SUSAN J. BLACKSTON
City Clerk
CITY COUNCIL
SUSAN HITCHCOCK. Mayor
BOBJOHNSON
Mayor Pro 'tempore
JOHN BECKMAN
LARRY D. HANSEN
JOANNE L. MOUNCE
CITY OF LODI
PUBLIC WORKS DEPARTMENT
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209)333-6706
FAX (209) 333-6710
EMAIL pwdept@lodi.gov
http:l\www.lodi.gov
December 15, 2005
Interested Parties %r,;/jry L ,e Q*&71d
BLAIR KING
City Manager
SUSAN J. SLACKSTQN
City Clerk
D. STEVEN SCHWABiAUER
City Attorney
RICHARD C. PRIMA, JR.
Public Works Divector
SUBJECT: Introduce Ordinance Amending Lodi Municipal Code Relating to the
Establishment of Wastewater Development Impact Fees by Amending
Lodi Municipal Code Title 13 - Public Services -- Chapter 13.12, "Sewer
Service," by Repealing and Reenacting Sections 13.12.020 (5) and (45),
13.12. 180 (A), and 13.12.190; and Further Amending Title 15 - Buildings
and Construction - Chapter 15.64, "Development Impact Mitigation Fees,"
by Amending Section 15.64.10 -- Adding New Paragraph "F" and
Relettering Paragraphs (G) and (H) - Repealing and Reenacting Sections
15.64.030 (A) and 15.64.040, Amending Section 15.64.060 - Adding
Paragraph "C"- and Repealing and Reenacting Section 15.64.070 (B)
Enclosed is a copy of background information on an item on the City Council agenda of
Wednesday, December 21, 2005. The meeting will be held at 7 p.m. in the
City Council Chamber, Carnegie Forum, 305 West Pine Street.
This item is on the regular calendar for Council discussion. You are welcome to attend.
If you wish to write to the City Council, please address your letter to City Council,
City of Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the
mail. Or, you may hand -deliver the letter to City Hall, 221 West Pine Street.
If you wish to address the Council at the Council Meeting, be sure to fill out a speaker's
card (available at the Carnegie Forum immediately prior to the start of the meeting) and
give it to the City Clerk. If you have any questions about communicating with the
Council, please contact Susan Blackston, City Clerk, at (209) 333-6702.
if you have any questions about the Item itself, please call Wally Sandelin,
City Engineer, or me at (209) 333-6706.
�Richa-rd C. Prima, Jr.
1( : Public Works Director
RCPipmf
Enclosure
NiCINTROWWFEEORMA.DOC
EDWARD BARKETT
� FRED BAKER ATLAS PROPERTIES INC DELMAR BATCH
'O BOX 1510 2800 W MARCH LN STE 250 111.74 N DAVIS RD
ODI CA 95241-}151l0 STOCKTON CA 95219-8218 LORI CA 95242
lllFli111111111111,111{1fII111141111f11111111f1k11111111f 1111111111I'll E111111111111111111IlI1111IIk1IlI111t1I1111 1IfI113I111111111lIf11fI111f1111
TENNIS BENNETT & STEVE MOORE VIC DEMAYO STEVE SINNOCK
3ENNETT DEVELOPMENT BROWMAN DEVELOPMENT KJELDSEN SINNOCK & NEWDECK
F77 S HAM LN 100 SWAN WY STE 206 PO BOX 844
ODI CA 95242 OAKLAND CA 94621 STOCKTON CA 95201-0844
IIIInII11111I1ItI1EInI7I111111 111In111111II1fu111ulIIIt1I1I IIIIfuIFlns1r111u1[1[I111rnInIlllly11II1111uIi
CECIL DILLON JOHN FARROS
DILLON & MURPHY ENGINEERING GEWEKE PROPERTIES
PO BOX 2180 PO BOX 1210
LODI CA 95241-2180 LODI CA 95241
1111111111111111111111111'lll1111111111111111111111111111! llflflflf llf 1111111l1Efl11Irl111
WAYNE CRAIG
SANDHILL DEVELOPMENT
2424 COCHRAN RD STE 1
LODI CA 95242
JEFFREY KIRST
TOKAY DEVELOPMENT INC
PO BOX 1259
WOODBRIDGE CA 95258
1111111111111 1111111111111111111
DARRELL SASAKI
DRS REAL ESTATE APPRAISALS
1806 W KETTLEITIMAN LN STE 1
LODI CA 95242
IL111,IrI11111111111r1I1J1111,1
WENTLAND SNIDER MCINTOSH
301 S HAM LN STE A
(LODI CA 95242
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RUSS MUNSON
WINE & ROSES
2505 W TURNER RD
LODI CA 95242]
II II EI FI IIIIIIII11111 t111I111111
MICHAEL E LOCKE CEO
SAN JOAQUIN PARTNERSHIP
2800 W MARCH LN STE 470
STOCKTON CA 95219
1III1t1I1I111I1I111111lIt111111I
MARK CHANDLER EXEC DIR
LODI WOODBRIDGE GRAPE COMM
2575 W TURNER RD
LODI CA 95242
II1I{IIIIIIIIIIIIIIIIIIIII11111I
MAMIE STARR
LUSD
1305 E VINE ST
LODI CA 95240
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LOWELL FLEMMER
KATZAKIAN WILLIAMS SHERMAN
777 S HAM LN STE A
LOr)I CA 95242
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STEVE ROBERTS
HARRIS & ASSOCIATES
35 E 10TH ST STE A
TRACY CA 95376
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STEVE PECHIN
BAUMBACH & PIAZZA INC
323 W ELM ST
LODIj CA 95240
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RON THOMAS LEX CORALES
R THOMAS DEVELOPMENT INC SIEGFRIED & ASSOCIATES
PO BOX 1598 4045 CORONADO AVE
LODI CA (95241-1j598 STOCKTON CA 95204
IIiIIIIIlIIIIIIIIIIII111111SII1[I11,11IIII11111111111111I I111111111111111IIITIIIItIII1111
LWM SOUTHWEST INC
PO BOX 414
PACIFIC PALISADES CA 90272
I L 1111I 111111 111111 1.1.111 1111
TOM DAVIS
LEE & ASSOCIATES
241 FRANK WEST CIR STE 300
STOCKTON CA 95206
I1l1111I111111111111111111111111
RICK CHURCHILL
PROFESSIONAL CONSTRUCTORS
5635 STRATFORD CIR STE C45
STOCKTON CA 95207
TOM DOUCETTEIJIM JIMISON
FRONTIERS
32+7 W MARCH LN STE 222
STOCKTON CA 95219
KEVIN SHARRAR
BIA OF THE DELTA
509 W WEBER AVE STE 410
STOCKTON CA 95203-3187
ED CORNEJO
KI9 HOME NORTH BAY INC
2420 DEL PASO RD
SACRAMENTO CA 95834
PAT PATRICK DR CHRIS KESZLER THOMAS SMITH
LODI CHAMBER OF COMMERCE 816 W LODI AVE FOX CREEK DEVELOPMENT INC
35 S SCHOOL ST LODI CA 95240 1171 QUARTZ DR
LODI CA 95240
52 ( II,11,1111,I,1III1111:1 AUBURN CA 95602
IIIII,IIIIIIIIII111F1�11111111!
CHARD HANSON JOHN COSTAMAGNA KRISTMONT WEST INC
.UFF LLC PO BOX 131 7700 COLLEGE TOWN DR STE 111
18 W TURNER RD WOODBRIDGE CA 95256 SACRAMENTO CA 95826
?DI CA 95242
VTONIO CONTI
ANTI & ASSOCIATES INC
D BOX 1396
'OODBRIDGE CA 95258
►ADE BROUGHTON
ENERAL MILLS OPERATIONS
)00 W TURNER RD
DDI CA 95242
DAVID DUGGINS
CERTAINTEED CORP
300 S BECKMAN RD
LODI CA 95240
MARCIANO DEL CASTILLO
LA COMPANA
2346 MAGGIO CIR
LODI CA 95240
TERRY KNUTSON
COTTAGE BAKERY
40 NEUHARTH DR
LODI CA 95240
REGGIE MASON
LODI CHROME
316 N MAIN ST
LODI CA 95240
HRIS COLBERT VICTOR LEWKOWITZ DENNY GOMES
USTRE CAL NAMEPLATE CORP MILLER PACKING RE SERVICE CO
15 S GUILD AVE 1122 INDUSTRIAL WY 500 S BECKMAN RD
OD! CA 95240 LODI CA 95240 LODI CA 95240