HomeMy WebLinkAboutResolution No. 00-C720 0
RESOLUTION NO. oo_c72
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ADOPTING THE
WATER SYSTEM 2000 ANNEXATION FEE.
THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY FIND, RESOLVE,
DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. Short Title. This resolution may be referred to as the "Water System
1999 Annexation Fee Resolution" of the City of Azusa.
c
SECTION 2. Purpose The purpose of the Resolution is to adopt an updated fee
for financing the Water System Master Plan and to establish the methods for calculating
the amounts of the Water System Annexation Fee. The Annexation Fee will be applied to
properties outside the existing water system service area which can be reasonably served
by the water system.
SECTION 3. Findings The City Council after review of the report prepared by
Civiltec Engineering, Inc. entitled "City of Azusa Water Facility Fee Evaluation, July 1996",
the City of Azusa Water Master Plan, the May 24, 2000 Civiltec Memorandum, other staff
reports, and testimony and information received at the public hearing on this matter,
approves the Report and makes the following specific findings:
A. Based upon a study of the relationship between the land uses permitted by
the general plan and zoning ordinance of the City of Azusa and those of the County
of Los Angeles and other cities having jurisdiction over a portion of the ultimate
water system service area, and growth trends of actual development within the
ultimate water system service area, the ultimate water system service area will
reach its development capacity by the year 2030;
B. Implementation of the Water System Master Plan, as presently designed will
require the construction of major improvements to the existing water system. These
improvements will result in a water system which has the capacity to accommodate
the future water needs that will be generated by anticipated future development;
C. Present and future sources of Federal, State, County, Azusa Valley Water
Company and City of Azusa Light and Water Department revenues which are
available for water system related improvements are inadequate to completely fund
implementation of the Water System Master Plan;
D. Adequate revenues can be fairly and equitably obtained to fund a portion of
the improvements identified in the Water System Master Plan through a fee based
on the extent to which the water system service area benefits from the continued
maintenance and improvement of the existing water system. The formula
establishing each fee is based on upon projected costs for the improvements and
projected uses by various types of developments;
E. The City of Azusa Water System Master Plan identified a number of capital
improvements to the existing water system whose purpose is to improve system
reliability, combine the City and AVWC systems for more efficient operation, and
replace facilities which have reached the end of their service life. These facilities
benefit both the existing service area and future development in the ultimate water
system service area. Implementation of the Annexation Fee proposed in the City
of Azusa Water Facility Fee Evaluation will permit new development to "buy into" the
existing water system, primarily the treatment, storage and transmission facilities,
which are used by all customers. The Annexation Fee reflects the proportionate
share of the existing system that benefits the future customers in the ultimate water
system service area;
F. The water system improvements constructed with funds generated by the
0
CITY OF AZUSA
RESOLUTION NO. 00-C72
"Water System Development Fee Ordinance" and this Resolution will specifically
benefit the fee contributor by mitigating the adverse impacts such as inadequate
water pressure, and storage capacity and inconveniences within the water system
that will be created due to future development. Further, the specific benefit a
property receives from water system improvements is generally proportional to the
fee contributions made;
G. The fees required by the Water System Development Fee Ordinance will be
used solely to fund improvements that will improve the water system within the
water system service area. Such fees shall be deposited in a separate capital
facilities account or fund to avoid co -mingling of fees with other revenues and funds
of the City. Interest earned from the monies in the capital account or fund shall be
deposited in that account or fund and shall be expended only for the purpose for
which the fees were originally collected.
H. Payment of the fees or charges, notwithstanding any other provision of law,
is not required until the date of final inspection, or the date the certificate of
occupancy is issued, whichever occurs first, [provided that utility service fees may
be collected at the time and application for utility service is received]. If the
residential development contains more than one dwelling, the City of Azusa Light
and Water Department may determine how the fees or charges shall be paid
pursuant to any manner authorized by section 53077.5 of the Government Code.
I. In accordance with Government Code Section 66001, the facts and evidence
presented establish that there is a reasonable relationship between (1) the need for
the public facilities described in the Water System Master Plan and the impacts
from the types of development listed in Section 7 for which the corresponding fees
are charged, and (2) the fee's use for which the fee is charged. These
relationships are more thoroughly described in the report entitled "City of Azusa
Water Facility Fee Evaluation, July 1996" and the May 24, 2000 Civiltec
Memorandum which is adopted and established by this Resolution.
SECTION 4. Definitions. For the purposes of this Resolution, the following terms
shall be defined as follows:
A. Development Project shall mean the construction of residential, commercial,
industrial or other buildings and structures, and the addition of floor space to
existing non-residential buildings and structures. Development Project shall also
mean any change of use of property which requires a building permit and which will
require additional water service above which can be reasonably associated with the
current use of the property or any other project involving the issuance of a permit
for construction or reconstruction.
B. Water System Improvements shall mean those improvements necessary to
implement the Water System Master Plan and shall include but not be limited to:
construction of new reservoirs, new transmission and distribution lines, installation
of new booster pumps and telemetry and control devices.
C. Water System Master Plan shall mean the systematic program for upgrading
the water system to be phased over the succeeding eighteen years from the
effective date of this Resolution. The nature and extent ofthese improvements and
their associated cost estimates are attached to this Resolution as "Exhibit A".
D. Maximum Buildout shall mean the anticipated maximum amount of future
development permitted by the General Plan and Zoning, Ordinance in the City of
Azusa or those of the County of Los Angeles or other city having jurisdiction over
a portion of the service area of the water system and shall be expressed in terms
0 0
CITY OF AZUSA
RESOLUTION NO.00-C72
of the number of undeveloped units permitted within each land use zoning category.
E. Water System Service Area shall mean the service area of the City of Azusa
Light and Water Department and the service area of the Azusa Valley Water
Company.
F. Water System shall mean the water system of the City of Azusa Light and
Water Department and the water system of the Azusa Valley Water Company. The
water system consists generally of piping, pumping facilities, reservoirs and
treatment facilities.
G. Ultimate Water System Service Area shall mean the properties outside the
existing water system service area which can be reasonably served by the water
system.
SECTION 5. Costs of the Water System Master Plan The cost of implementing the
Water System Master Plan is estimated to be $25,942,960, based upon escalating the
1996 costs by the Engineering News Record Los Angeles Construction Cost Index to 2000
costs. The Water System Annexation Fee will fund only facilities or portions of facilities
which directly benefit the existing service area. These facilities generally replace existing
obsolete facilities, or are required to combine the City water system and the Azusa Valley
Water Company water system. These facilities are identified in the report entitled "City of
Azusa Water Facility Fee Evaluation". The portion of the estimated costs to be funded by
the Water System Annexation Fee is $4,542,073.47.
SECTION 6. Establishment of the Amount of the Water System Annexation Fee.
The amount of the Water System Annexation Fee as provided for by the Water System
Development Fee Ordinance" shall be as follows for each type of development:
Residential
a. Single family residential = $3,336.78/acre, $556.13/ DU
b. Multi -family residential = $5,699.31/acre, $356.21/ DU
Commercial/Industrial/ Park
a. Commercial = $2,557.38/acre, $0.26/ SF
b. Industrial = $2,752.23/ ACRE
C. Park = $986.42/ ACRE
Water System Annexation Fees for developments not described above shall be designated
by reference to either the most similar and current land use designation, or an existing
project similar to the proposed development found to be relevant for comparison purposes
by the Director of Utilities.
SECTION 7. Severability. If any section, subsection, sentence, clause, phrase or
portion of this Chapter is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions of the Chapter. The City Council hereby declares that it would
have adopted this Chapter and each section, subsection, sentence, clause, phrase, or
portion thereof, irrespective if the fact than any one or mor sections, subsections, phrases,
or portions be declared invalid or unconstitutional.
SECTION 8. The City Clerk shall certify to the adoption of this Resolution anc
shall cause this Resolution and its certification to be entered in the Book of Resolutions of
the Council of the City.
0 0
Mayor
CITY OF AZUSA
RESOLUTION NO. 00-C72
day of JulY '2000.
I hereby certify that the foregoing Resolution was duly adopted by the City Council
of the City of Azusa at a regular meeting thereof, held on the 10th day of July
, 2000, by the following vote of the Council:
AYES: COUNCIL MEMBERS:HARDISON, STANFORD, ROCHA, BEEBE, MADRID
NOES: COUNCIL MEMBERS:NONE
ASSENT: COUNCIL MEMBERS:NONE
A:\water dev fee 6-12-OO.wpd