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HomeMy WebLinkAbout1994-09-13; City Council; Resolution 94-2601 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 I i I I 1 ll 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. - I 2 ll 0 0 I1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. II 3 < 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 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 11 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. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill ~ 4 ll e e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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) 5