HomeMy WebLinkAboutOrdinances_2682_CCv0001.pdf ORDINANCE NO. 2682
AN ORDINANCE OF THE CITY OF REDLANDS AMENDING CHAPTERS 3.44,
3.48, 13.12 AND 13.44 OF THE REDLANDS MUNICIPAL CODE TO INCREASE
WATER AND WASTEWATER DEVELOPMENT IMPACT FEES
WHEREAS, pursuant to the Status Mitigation Fee Act, contained in Government
Code Sections 66000 through 66025, the City Council of the City of Redlands ('this City
Council) is authorized to impose development impact fees to ensure that new
development pays the capital costs of public facilities necessary to serve new growth; and
WHEREAS, this City Council has commissioned a comprehensive study, entitled
the City of Redlands Water and Wastewater Rate Study and Development Impact Fee
Study' (the`Fee Study) to determine the maximum justified water and wastewater fee
levels to impose on new development to maintain the Cit)N water and wastewater
facilities'standards; and
WHERAS, this City Council has since been presented with the Fee Study which
contains an analysis of the Citys water and wastewater facilities fee program for the
categories of water and wastewater capital improvement fees, water and wastewater
frontage fees and water source acquisition application fees;
WHEREAS, the General Plan of the City of Redlands requires that public
services and facilities be constructed, provided and made available concurrent with the
community's needs for such services and facilities; and
WHEREAS, at a duly noticed public meeting of the City Council of the City of
Redlands ('this City Council) verbal and written testimony was presented to this City
Council by the Utilities Advisory Committee, a committee appointed by the City Council,
and City staff relating to the proposed revisions in the Citys development impact fees for
water and wastewater facilities; and
WHEREAS, based upon such testimony, this City Council has determined that
revisions to the Citys water and wastewater capital improvement fees, frontage fees and
water source acquisition fees are necessary to recover the reasonable costs the City incurs
by providing water and wastewater service to its customers; and
WHEREAS, in accordance with Government Code sections 66013 and 66017,
prior to levying the increased fees described in this Ordinance, the City has held at least
one noticed, open and public, regularly scheduled meeting at which the fees were
discussed, and has mailed, at least 14 days prior to the meeting, notice to interested
persons; and
WHEREAS, at least 10 days prior to the meeting, the City has made
available to the public data indicating the Citys cost required to provide the services for
which the increased fees will be levied, and the anticipated revenue to provide such
services; and
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WHEREAS, after a careful review of the Fee Study this City Council specifically
finds that:
A. The Fee Study complies with California Government Code section 66001
by establishing the basis for imposition of fees on new development, and that the Fee
Study:
I. Identifies the purpose of each of the fees, which is to maintain existing
facility standards as the City grows into the future;
2. Identifies the uses to which the fees will be put by identifying needed
facilities contained in the City's muster plans;
3. Shows a reasonable relationship between the feesf use and the type of
development projects on which the fees are imposed, by assessing the
extent to which current assets are serving the current service population
and calculating fees accordingly;
4. Shows a reasonable relationship between the need for the public facilities
to be financed by the fees and the type of development projects on which
the fees are imposed by showing how existing facilities are serving
existing services populations; and
5. Shows a reasonable relationship between the amount of the fees and the
cost of the public facilities, or portion of the public facilities, attributable
to the development projects on which the fees are imposed.
B. The fees collected pursuant to this Ordinance shall be used to finance the
water and wastewater facilities described or identified in the Fee Study and water and
wastewater master plans as may be, from time to time, adopted by this City Council.
C. After considering the cost estimates identified in the Fee Study, this City
Council approves such cost estimates, and finds them reasonable as a basis for calculating
and imposing the water and wastewater fees;
D. The facilities and fee methodology identified in the Fee Study are
consistent with the CitYs General Plan; and
WHEREAS, the City shall deposit the funds received pursuant to this Ordinance
in separate capital facility accounts and shall account for the funds in a manner to avoid
commingling with any other monies, except for investments, and shall expend the funds
collected pursuant to this ordinance solely for the purposes they were collected;
WHEREAS, the City recognizes and promotes the environmental and economic
benefits from Leadership in Energy and Environmental Design (`LEER) projects that
result in development projects that reduce demand for water and wastewater services;
WHEREAS, LEED certified development represents the next generation of
development consistent with the Municipal Utilities Department's commitment to
sustainable policies and operating practices;
WHEREAS, approval of the Fee Study, and the adoption of this Ordinance, are
categorically exempt from environmental review pursuant to California Environmental
Quality Act ('CEQA) Guidelines section 15061(b) (3), because CEQA applies only to
projects which have the potential for causing a significant effect on the environment, and
this City Council has determined it can be seen with certainty that there is no possibility
that the approval of the Fee Study and the adoption of this Ordinance may have a
significant effect on the environment, and as such are not subject to CEQA;
THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS
FOLLOWS:
Section 1. The City of Redlands Fee Study prepared by Raftelis Financial
Consultants, Inc, dated. November, 2007, is hereby approved and adopted.
Section 2. Section 3.44.040 of the Redlands Municipal Code relating to the City's
sewer capital improvement change is hereby amended to read as follows:
'3.44.040 Amounts of Charges.
A. The sewer capital improvement charges shall be as follows:
Residential Development:
Single-family dwelling unit $4,370/dwelling,unit
Single-family dwelling unit $350/dwelling unit
if building permit issued
prior to November 1, 1961.
Multiple-family dwelling unit $3,490/dwelling unit
Nonresidential Development: $2,150/100 gallons per day estimated flow
B. Adjustment of charges. Within thirty (30) days of the effective date of City
of Redlands Ordinance No. 2682, and subsequently on January 1, 2010, and every two
years thereafter, the City's Finance Director, in coordination with the City's Municipal
Utilities Director, shall make annual adjustments to the specific amounts of the sewer
capital improvement charges established by this section by a percentage equal to the
percentage change in the Engineering News Record's Construction Cost Index—twenty
cities annual average for the preceding twelve (12) month period. The purpose of this
adjustment is to offset the effects of inflation—related construction cost increases or any
deflation related decreases. If this index should cease publication, the Finance Director
shall use any appropriate official index published by the Bureau of Labor Statistics, or
similar agency as may then exist or may then be most nearly equivalent thereto"
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Section 3. Section 3.48.040 of the Redlands Municipal Code relating to the Citys
water capital improvement charge is hereby amended to read as follows:
`3.48.040 Amounts of charges.
A. The water capital improvement charges shall be as follows:
Residential Development:
Single-family dwelling unit:
<11,000 sq. ft. $5,210/dwelling unit
11,000—2 1,000 sq. ft. $6,730/dwelling unit
>21,000 sq. ft. $8,250/dwelling unit
>t acre $11,280/dwelling unit
Multiple-family dwelling unit $2,610/dwelling unit
Nonresidential Development: $216.90/100 cubic feet per
month estimated demand
B. Adjustment of charges. Within thirty(30) days of the effective date of City of
Redlands Ordinance No. 2682, and subsequently on January 1, 2010, and every two years
thereafter, the Citys Finance Director, in coordination with the City's Municipal Utilities
Director, shall make annual adjustments to the specific amounts of the water capital
improvement charges established by this section by a percentage equal to the percentage
change in the Engineering News Record's Construction Cost Index—twenty cities annual
average for the preceding twelve (12) month period. The purpose of this adjustment is to
offset the effects of inflation—related construction cost increases or any deflation related
decreases. If this index should cease publication, the Finance Director shall use any
appropriate official index published by the Bureau of Labor Statistics, or similar agency
as may then exist or may then be most nearly equivalent thereto"
Section 4. Section 13.12.010 D of the Redlands Municipal Code relating to water
main frontage charges is hereby amended to read as follows:
`i7 Water main frontage charge per foot shall be:
6'non potable water main $23.00
S'potable water main $30.00
12'potable water main $46.00'
Section 5. Section 13.44.120 D of the Redlands Municipal Code relating to sewer
main frontage charges is hereby amended to read as follows:
'Sewer Main frontage charge per foot shall be thirty dollars ($30.00)°'
Section 6. Severability. If any portion of this Ordinance is found to be
unconstitutional or invalid, the City Council hereby declares that it would have enacted
the remainder of this Ordinance regardless of the absence of any such invalid part.
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Section 7. Effective Date. This Ordinance shall be in force and take effect as
provided by law.
Section 8. The City Council hereby determines that the adoption of this Ordinance
is exempt pursuant to the California Environmental Quality Act pursuant to State CEQA
Guidelines Section 15001 (b)(3).
Section 9. Certification. The City Clerk shall certify to the adoption of this
ordinance and cause it to be published once in the Redlands Daily Facts, a newspaper of
general circulation printed and published in this City.
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City o Redlands
ATTEST:
City,Cferk
1, Lorrie Poyzer, City Clerk of the City of Redlands, hereby certify that the forgoing
ordinance was duly adopted by the City Council at a regular meeting thereof held on the
4th day of December, 2007 by the following vote:
AYES: Councilmembers Gilbreath, Gallagher, Aguilar, Bean; Mayor Harrison
NOES: gone
ABSENT: None
ABSTAIN: None
Lorq$yloyzer, City , ;1 k
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