HomeMy WebLinkAbout2008-11-04; City Council; Resolution 2008-230EXHIBIT 6
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RESOLUTION NO. 2008-230
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD
3 APPROVING THE 2008 CARLSBAD DRAINAGE MASTER PLAN AND
APPROVING A CHANGE TO THE CITY'S PLANNED LOCAL
4 DRAINAGE AREA FEE.
CASE NAME: CARLSBAD DRAINAGE MASTER PLAN
5 CASE NO: CIP PROJECT NO. 3872
6 The City Council of the City of Carlsbad, California, does hereby resolve as follows:
7 WHEREAS, on April 8, 2005, the City Council of the City of Carlsbad, California,
g determined it necessary and in the public interest to enter into an agreement with Brown and
o Caldwell to update the Carlsbad Drainage Master Plan, Project No. 3872; and
WHEREAS, Brown and Caldwell completed the update to the Carlsbad Drainage Master
Plan in accordance with the tasks outlined in its Professional Services Agreement; and11
WHEREAS, the Carlsbad Drainage Master Plan dated July 2008, incorporated herein by
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reference, represents a comprehensive program for the phased and orderly development of
13 improvements to accommodate the future drainage service needs of the City; and
14 WHEREAS, the Carlsbad Drainage Master Plan dated July 2008 identifies projects to
15 construct new drainage facilities, and modify or expand existing drainage facilities, collectively
16 referred to as "Planned Local Drainage Area (PLDA) facilities", that are needed to accommodate
17 the demand from future development in the City; and
18 WHEREAS, the Carlsbad Drainage Master Plan dated July 2008 recommends a revision
}9 to the City's Planned Local Drainage Area (PLDA) fee program and explains the nexus between
the imposition of the PLDA fee and the estimated reasonable cost of constructing the PLDA
facilities for which the fee is charged; and
WHEREAS, the Carlsbad Drainage Master Plan dated July 2008 includes an estimate of
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the cost to construct the PLDA facilities and a fee calculation methodology to effectively and fairly
23 apportion the PLDA fees in relation to future development's demand on the identified PLDA
24 , ...t.facilities; and
oc
WHEREAS, an updated PLDA fee program is for the financing of the identified PLDA
26 facilities is set forth in the Carlsbad Drainage Master Plan dated July 2008; and
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EXHIBIT 6
1 WHEREAS, the PLDA fees as set forth in the Carlsbad Drainage Master Plan dated July
2 2008 do not exceed the reasonable costs of constructing the facilities and the fees are not levied
3 for general revenue purposes; and
4 WHEREAS, the City of Carlsbad has established and will continue to maintain a fund or
5 funds necessary to collect the fees so imposed and to maintain said fund or funds and the
6 interest collected therein and to authorize expenditures for only those projects, bond payments, or
7 other construction activities set forth in the Carlsbad Drainage Master Plan dated July 2008.
8 The fee deposited in the fund or funds shall not be commingled with any other funds or revenue
9 of the City. The City has made and will continue to make a report, at least annually, and within
10 sixty (60) days of the close of the fiscal year determining the beginning and ending balances for
11 the fiscal year and the fees, interest, and other income and the amount of expenditure on each
12 public facility. The City Finance Director has made and will continue to make this information
13 available to the public and report to the City Council not less than fifteen (15) days after making
14 said information available to the public. The Finance Director shall monitor these funds so that, if
15 required, the City Council may make written findings that all or a portion of the fee remaining
16 unexpended or uncommitted in the fund for five (5) or more years are still necessary for the
l purpose to which the fees is to be expended and demonstrate a reasonable relationship between
1 8 that fee and the cost of the improvements; and
19 WHEREAS, the proposed PLDA fee program includes an administrative variance
^O procedure to allow waivers of payment of the full PLDA fee in certain instances which are more
21 specifically described in the Carlsbad Drainage Master Plan dated July 2008; and
22 WHEREAS, the PLDA fee program includes provision for a developer, who constructs all
23 or a portion of one or more of the identified PLDA facilities, to receive credit against the payment
24 of their respective PLDA fee and/or to receive reimbursement for costs deemed eligible for
25 reimbursement pursuant to the credit and reimbursement program described in the Carlsbad
26 Drainage Master Plan dated July 2008; and
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EXHIBIT 6
1 WHEREAS, after consideration of comments presented during the public review process,
2 Section 6.3 - Comprehensive Watershed Management Planning shall be incorporated in the
3 Carlsbad Drainage Master Plan dated July 2008; and
4 WHEREAS, Section 5.8 - Fee Adjustments within the Carlsbad Drainage Master Plan
5 dated July 2008 shall be amended to include an additional administrative variance procedure as
6 follows: "Projects located on sites which have been previously developed with a permanent
7 commercial, industrial or residential structure and which do not increase the impervious surface
8 area of the respective property by fifty-percent or more and which do not contribute to any
9 increase in the 100-year runoff value to any required planned local drainage area improvement
10 located downstream of the proposed project. The fifty percent criteria shall be measured
11 cumulatively for multiple discreet project applications covering the same property where such
12 applications are filed within two years of one another"; and
13 WHEREAS, the time and place of this meeting was noticed in accordance with
14 Government Code Sections 66016, and a copy of the Carlsbad Drainage Master Plan dated July
15 2008 was made available to the public at least 14 days prior to this public hearing; and
16 WHEREAS, Notice of this hearing was included in two publications with at least five days
17 intervening between the dates of first and last publication; and
18 WHEREAS, the City Council did on the 4th day of November, 2008 hold a duly noticed
1Q hearing as prescribed by law to consider the proposed Carlsbad Drainage Master Plan dated July
70 2008 and the proposed change in the Planned Local Drainage Area Fee; and
21 WHEREAS, at said public hearing, upon hearing and considering all testimony and
22 arguments, if any, of all persons desiring to be heard, the City Council considered all factors
23 relating to the Carlsbad Drainage Master Plan dated July 2008 and the proposed change in the
24 City's Planned Local Drainage Area Fee.
25 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as
follows:
27 1. That the above recitations are true and correct.
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EXHIBIT 6
2. The City Council has heard and considered all oral and written presentations
offered by the public on the proposed Planned Local Drainage Area Fee update.
3. The City Council finds the Carlsbad Drainage Master Plan dated July 2008
adequately describes the nexus between the imposition of the proposed updated PLDA fee and
the estimated reasonable cost of constructing the PLDA facilities for which the fee is charged.
4. The Carlsbad Drainage Master Plan dated July 2008 is hereby approved.
5. That the City Council approves the inclusion of Section 6.3 - Comprehensive
Watershed Management Planning in the Carlsbad Drainage Master Plan dated July 2008.
6. That the City Council amends Section 5.8 - Fee Adjustments to include an
additional administrative variance procedure as stated above.
7. The proposed fee does not include any cost attributable to existing deficiencies in
any existing facility.
8. The list of PLDA facilities as described in the Carlsbad Drainage Master Plan
dated July 2008 is hereby approved and shall be funded through the collection of the proposed
updated PLDA fee.
9. The City Council finds that the fee calculation methodology described in the
Carlsbad Drainage Master Plan dated July 2008 effectively and fairly apportions the proposed
updated PLDA fees in relation to future development's demand on the identified PLDA facilities.
10. That the City Council hereby approves the update to the Planned Local Drainage
Area Fee structure as follows:
Runoff
Coefficient
Low
Medium
High
PLDA Basin A
$5,270
$10,480
$22,837
PLDA Basin B
$1,970
$3,797
$8,535
PLDA Basin C
$1,912
$2,705
$8,287
PLDA Basin D
$1,813
$2,966
$7,857
($/developable acre)
EXHIBIT 6
1 11. That the Planned Local Drainage Area Fee change hereby approved shall be
2 effective sixty (60) days after the adoption of this resolution.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 4th day of November, 2008, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
JLAUDE A LEWIS, Mayor
ATTEST:
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, City Clerk