HomeMy WebLinkAbout1994-09-13; City Council; Resolution 94-2601
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0 0 EXHIBIT 4
RESOLUTION NO. 94-260
A RESOLUTION OF THE CITY COUNCIL OF THE cry OF
CARLSBAD, CALIFORNIA APPROVINGTHE MASTERDRAINAGE
AND STORM WATER QUALITY MANAGEMENT PIAN DATED
NOVEMBER 1993 AND ESTABLISHING A PLANNED LOCAL
DRAINAGE AREA FEE -
WHEREAS, a report entitled "Master Drainage and Storm Water Cluality Managemc
Plan" was completed in March, 1994 and is incorporated as Exhibit A to this resolutic
(hereinafter referred to as the "Master Drainage Plan"); and,
WHEREAS, the Master Drainage Plan estimates the capital costs of construction I
improvements to implement the City's Storm Drain Program; and,
WHEREAS, fees to implement the construction of various storm drain improvements a1
set forth the Master Drainage Plan; and,
WHEREAS, the City is authorized pursuant to Sections 65800 et seq, 66000 et seq an
6641 0 et seq of the Government Code of the State of California to establish facility fees for th
purpose of constructing public facilities needed or impacted by private development activities
and,
WHEREAS, the City Council has found that the drainage facility fees proposed pursuan
to this ordinance are required for proper development of the City and that the facility costs are
fair and accurate, and that the fees have been fairly apportioned within the fee benefit areas
based upon benefits conferred on property proposed for development or on the need for such
facilities created by the proposed development and the development of other property within
the Planned Local Drainage Fee Area; and,
WHEREAS, the fees so established do not exceed the reasonable costs of constructing
those facilities and the fees are not levied for general revenue purposes; and,
WHEREAS, the City Council has determined that the drainage facilities included within
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the Master Drainage Plan have a general benefit to the public insofar as they improve
water quality of the City’s water resources, protect vital thoroughfares from flood dama
reduce the threat of water born diseases and generally enhance property values by improv
routes of commerce and by maintaining the aesthetic environmental balance of the City; i
WHEREAS, funds currently exist in separate account, corresporlding to the thirtr
existing Planned Local Drainage Areas; and,
WHEREAS, the funds which have been collected to date will need 1:o be transferred i
the new Planned Local Drainage Area Fee accounts; and,
WHEREAS, there are no surplus funds in existing Planned Local Drainage Area I
accounts; and,
WHEREAS, a pro-rated cost of the Master Plan drainage facilities within the exisl
developed areas will be funded through the imposition of drainage area fees on redevelopm
and remodel projects; and,
WHEREAS, this study was available for public inspection and review at least ten (
days prior to this public hearing; and,
WHEREAS, the City has mailed notice of this Council meeting to any and all par
who have filed written request to be notified of such meeting at least fourteen (14) days p
to this public hearing; and,
WHEREAS, the Finance Director is directed to establish a new fund or funds necess
to collect the fees so imposed and to maintain said fund or funds and the interest collec
therein and to authorize expenditures for only those projects, bond payments or ot
construction activities set forth in the Drainage Master Plan. The Finance Director is furt
directed to make a report, at least annually, and within sixty (60) days of the close of the fis
year determining the beginning and ending balances for the fiscal year and the fees, inter
and other income and amount of expenditure on each public facility. The fees depositec
the fund or funds shall not be commingled with any other fees or revenue of the City. -
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Finance Director is further directed to make this information available to the public anc
report to the City Council not less than fifteen (1 5) days after making said information availa
to the public. The Finance Director shall monitor these funds so that, if required, the (
Council may make written findings that all or any portion of the fees remaining unexpenc
or uncommitted in the fund for five (5) or more years are still necessary and needed for
purposes to which the fee is to be expended and demonstrate a reasonable relations
between that fee and the costs of the improvements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsb
California as follows:
1. That the above recitations are true and correct.
2. That the Master Drainage and Storm Water Quality Management Plan da
November 1993 on file with the City Engineer is hereby approved.
3. That the following Planned Local Drainage Area Fees shall be collected wil
the limits of the City of Carlsbad upon issuance of any building permits or, redevelopmen
remodel building permits wherein the building foot-print is increased by fifty (50) perceni
greater over the existing building foot print.
Fee per Gross Acre
Low Runoff Area High Runoff Area AREA
A
$ 56 $ 34 D
$4,114 $231 4 C
$5,502 $3,362 B
$2,560 $1,564
4. The fees collected pursuant to Chapter 15.08 shall be placed in a general ft
account designated for use for the improvements designated by this resolution or i
subsequent amendments hereto. Funds shall be allocated for specific projects during
annual capital improvement program budgeting.
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5. The City Council may, at its discretion, enter into a reimbursement agreem
with a developer, when said developer has constructed a Planned Local Drainage Area faci
Reimbursements shall be made only as fees are collected in connection with the developm
of other property in the same Planned Local Drainage Area. Any request for reimbursem
agreements shall consider the schedule for construction of Planned Local Drainage A
Improvements within the Capital Improvement Program and be made at the sole discretior
the City Council.
6. That the Finance Director is hereby directed to transfer funds from the exist
Planned Local Drainage Area Fee accounts into the respective new Planned Local Drain:
Area fee accounts as follows:
Existinq PLDA
1 , 3, 4, 5, 6
2, 7, 8, 9, 10, 12, 13
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New PLDA
a
B
C
7. The City Council may advance money from any available source or fund for
construction of the improvements of this resolution or any amendment hereto and repay
source or fund from the account established pursuant to this resolution.
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8. The fees established pursuant to this resolution shall become effective on i
effective date of the Drainage Area Fee Ordinance.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City COUI
held on the 13th day of SEPT. , 1994 by the following vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila
NOES: None
ABSENT: None
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk I
(SEAL)
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