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HomeMy WebLinkAbout46-Public Works ctTv ~ SAN BERNARDI 'No - REQUE~ NpOR oCOUNCIL ACTtdt. From: ROGER G. HARDGRAVE .$stablishment of Special Storm REC'O. - A~tclftwater Drainage Fee --Develop- ~nts within Chestnut Avenue 1989 tlPR -4 ~ 8 S\;orm Drain Assessment District Public Works/Engineering Synopsis of Previous Council action: 05-23-88 Directed the development of a Verdemont Area Improvement Plan. Clarification made of directive to prepare a Verdemont Area Improvement Plan. Resolution No. 88-114 adopted establishing a schedule of fees for storm water drainage. Financing Plan referred to Legislative Review Committee. Minutes of Legislative Review Committee meeting relative to financing plan received and filed. . Authorization granted to proceed with Chestnut Avenue Drainage District, and financing plan adopted. Legislative Review Committee heard proposed special storm drainage fee and recommended approval. Dept: D8tlI: 3-31-89 06-20-88 04-19-88 12-19-88 01-17-89 02-06-89 03-13-89 ~ Recommended motion: cc: t5im Robbins Jim Richardson Jim Penman Andy Green Adopt resolution. Contact person: Supporting data attached: FUNDING REQUIREMENTS: Gene R. Klatt Staff Report, Resolution & Map Phone: 51,25 5 Ward: Amount: NIT>. Source: (Acct. No,) (Acct. DescriPtion) Finance: Council Notas: [, . . 75-0262 .-1 " ./ ;1 , ./ 'J'. / ,,/. ,f'<J F_ #' ' ". --r-- Agenda ItemNo.--.!I~....- ~Y'OF SAN Bt:RNARDTNO - Rt:QU~T FOR COUNCIL ACn6N STAFF REPORT Page 1 of 2 There is a concern for the timely construction of storm drainage protection in the Verdemont area. Development has been prevented until such time as adequate protection is in place. Concern. centers on the Chestnut and Bailey Creek Systems. In May. of 1988, staff was directed to develop a Verdemont Area Improvement .Plan for consideration by the Council. Ways to finance the construction of the drainage system along with other improvements was discussed. In the most recent action, staff was directed to proceed with the establishment of the Chestnut Avenue Assessment District for the drainage improvements. This process is going to require time for development and for the public hearings necessary with an assessment district. While work is in progress, the Mayor and Common Council need to consider the possibility that a developer may want to proceed prior to establishment of the assessment district. Resolution No. 79-425 established a storm water drainage fee throughout the City. In 1988, by Resolution No. 88-114, the fees were adjusted for inflation as well as an attempt to more closely establish the fee to the true cost of the improvements required in the City. The fee, as currently set, is $0.10 per square foot, with a cap of $2000 per single family lot. This fee does not collect sufficient funds to complete all of the required drainage improvements as shown in the Master Plan of Storm Drains and it is. anticipated that other monies will be needed to complete all of the required drains. At the time of development of the area improvement plan, preliminary discussions were held with developers to determine the best approach to provide funds to finance required improvements. One suggestion was the establishment of a surcharge for the area benefited. Using the undeveloped area in the Chestnut Drainage District as a base value, the cost of.the drain and interest payments on any type of loan the City might obtain, a fee of an additional $0.09 per square foot was established. Again a cap of $2000 per single family lot was set for the surcharge. The cap insures that any lot over 1/2 acre in size would not pay excessive fees. Presently, all developers are required by a condition of development to join the assessment district or "other approved financing plan." There exists no other "plan" to fund the improvements. The attached resolution establishes a special surcharge for the required drainage improvements by amending the existing fee structure and provides another method of paying for the improvements. In order to allow development in the area, the City would need to fund the improvements and collect the fee at a future date in the event the assessment district failed. Any properties that pay the regular drainage storm drain fee, and the surcharge, will not be assessed under the district. 3-31-89 7:J.0264 bdY' OF SAN BERNARdINO - REQU~T FOR COUNCIL AC"bN STAFF REPORT Page 2 of 2 Fees will be adjusted each July for inflation so. there could be some advantage to a developer prepaying the fee. Any surcharge fee collected will be kept in a separate account for the construction of the specified improvement. A map of the proposed assessment district boundaries is attached for reference. We recommend that the special surcharge on drainage fees for the Chestnut area be approved. This item was heard by the Legislative Review Committee at their meeting of 3-13-89. .After reviewing the proposed special drainage fee, the Committee adopted a motion recommending that the resolution be approved. 3-31-89 7';, 0264 c I..v --n I I --1 L? __1M _ ... ..:., / .' ., I' :: ,.... ,r- " ., .' ~ I' "'~.."",I --I r , I ~ ~ " / \ 5 \ I I 6 I'RO~OSEll 5'lUNllARIES OF ZONE FOR COllECTION 'JF A;SESSHEHTS FJR THE CHESTNUT DRAIN CONSTRUCTION IN PRQI'OSED ASSESSMENT DISTRICT. 3-38-89 (,WBTN\A'T O~A'N c ~ , . , ~......I 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 79-425 ENTITLED IN PART, "RESOLUTION ESTABLISHING 3 A SCHEDULE OF FEES FOR STORM WATER DRAINAGE FACILITIES CONSTRUC- TION. . ," AND ESTABLISHING A SPECIAL SURCHARGE FOR DEVELOPMENT 4 WITHIN THE CHESTNUT AVENUE STORM DRAIN BENEFIT AREA. 5 WITNESSETH: 6 WHEREAS, development of the area in the vicinity of 7 Chestnut Avenue is contingent upon the construction of the 8 Chestnut Avenue Master Plan Storm Drain and Debris Basin, and 9 WHEREAS, construction of the Chestnut Avenue Storm 10 Drain System is needed to provide full protection from flooding 11 for the existing and future developments; and 12 WHEREAS, authorization to proceed has been granted for 13 the Chestnut Avenue Storm Drain Assessment District; and 14 WHEREAS, no other financing plan has been established to 15 fund the required improvements; and 16 WHEREAS, the normal drainage fees collected within the 17 proposed assessment district boundaries, as established by 18 Resolution No. BB~114, will not be adequate to generate 19 sufficient revenue to finance the construction of the Chestnut 20 Avenue Storm Drain System; and 21 WHEREAS, it is desired to impose a special fee of $0.09 22 per square foot, not to exceed $2,000.00 for a single family 23 home, on all development within the "Chestnut Avenue Storm Drain 24 Assessment District," in addition to the normal drainage fee of 25 $0.10 per square foot for a single family home. 26 27 NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1: Resolution No. 79-425, Subsection 2 (bl is 28 amended by addition of the following: ".." L . 19 20 21 22 23 24 25 26 27 3/31/8928 - ,r__"" RESO: AME~DING RE~UTION NO. 79-~ ON STORM WATER DRAINAGE ) FEES AND ESTABLISHING A SURCHARGE FOR DEVELOPMENT WITHIN THE CHESTNUT AVENUE STORM DRAIN ASSESSMENT DISTRICT. 1 Prior to building permit approval within the (b) 2 "Chestnut Avenue Storm Drain Assessment District," the following 3 special fees shall be paid in addition to the normal storm 4 drainage fees: 5 (1) For a single family home, a fee of $0.09 p" r 6 square foot of the lot, excluding dedicated streets. The special 7 fee shall not exceed $2,000.00. 8 (2) For all other construction or land development, 9 including, but not limited to, commercial, industrial and 10 multiple residential, and including additions or extensions, 11 paving and other impervious areas, a fee of $ 0.135 per square 12 foot for the first 3,000 square feet of building area, paving or 13 other impervious area, and $0.045 per square foot in excess of 14 3,000 square feet. 15 Said special drainage fees shall be adjusted ( 3) 16 annually each July 15, in the amount of the change in the yearly 17 Construction Cost Index as published in the Engineering News 18 Record as of July 7 of each year. SECTION 2. The Chestnut Avenue Storm Drain Assessment District is proposed Between the centerline of the Cable Creek Flood Control Channel on the South: the San Bernardino City Limit Line on the North: on the West by a line which begins at the intersection of the centerline of Magnolia Avenue and the centerline of the Cable Creek Channel and runs thence northerly along the centerline of Magnolia Avenue to the centerline of Meyers Road: thence. westerly along said Meyers Road centerline to the North/South mid-block line of Block 75 of Irvington Land & Water Company's Subdivi- sion: thence Northerly along said mid-block line and continuing Northerly along the North/South mid-block line of Block 74 of said Subdivision, to a point which is 608 feet, more or less: North of the North line of Ohio Avenue: thence Westerly a distance of 129 feet, more or - 2 - '" '- . RESO: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ~ . AMENDING RESC1TION NO. 79-4'-":;' ON STORM WATER DRAINAGE,) FEES AND ESTABLISHING A SURCHARGE FOR DEVELOPMENT WITHIN THE CHESTNUT AVENUE STORM DRAIN ASSESSMENT DISTRICT. less; thence Northerly, a distance of 374.66 feet, more or less, to the North line of the Rancho Muscupiabe, thence Easterly along said Rancho line to a point which is Southeasterly thereon, a distance of 800 feet, more or less, from the Westerly line of Little League Drive, thence North to the San Bernardino City limi t line and the point of termination: bounded on the East by a line which begins at the intersection of the centerline of the Cable Creek Channel with a line which is the Southerly prolongation of the most westerly line of Tract No. 10855 and runs Northerly along said prolongation to the North- westerly corner of Lot 15 of said Tract No. 10855, thence Easterly along said Subdivision line to the Northeasterly corner of Lot 17 of said tract; thence Northerly along said Subdivision line to the centerline of Irvington Avenue; thence Westerly along said centerline to the Southerly prolongation of the North/South mid-block line of Block 85 of said Irvington Subdivision; thence Northerly along the North/South mid-block line of Blocks 85 and 84 of said Irvington Land and Water Company's Sub- division to the centerline of Ohio Avenue, thence Westerly along said centerline to the centerline of Palm Avenue; . thence Northerly along said centerline of Pal m Avenue to the North Line of said Rancho Muscupiabe, thence Easterly along said North line, a distance of 80 feet, more or less; thence Northerly to the South line of Section 36, Township 2 North, Range 5 West, San Bernardino Meridian; thence West along said South line to the Southeast corner of the Southwest one-quarter of the Southeast one-quarter of said Section 36, thence North to the San Bernardino City Limit r,ine and the point of termination. SECTION 3. Funds collected from the surcharge drainage 19 fees shall be applied as a contribution to the Chestnut Avenue 20 Storm Drain Assessment District. 21 I HEREBY CERTIFY that the foregoing resolution was 22 adopted by the Mayor and Common Council of the City of San meeting thereof, held on the 23 Bernardino at a , 1989, by the following vote, to-wit: 24 _day of 25 AYES: 26 27 28 3/31/89 Council Members NAYS: ABSENT: - 3 - " . ....... 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 3/31/89 28 RESO: day of - - - c ......'"""-. ) "-' AMENDING RESOLUTION NO. 79-425 ON STORM WATER DRAINAGE FEES AND ESTABLISHING A SURCHARGE FOR DEVELOPMENT WITHIN THE CHESTNUT AVENUE STORM DRAIN ASSESSMENT DISTRICT, City Clerk The foregoing resolution is hereby approved this , 1989. Evlyn Wilcox, Mayor City of San Bernardino Approved as to form and legal content: James F. Penman City Attorney 'lL-- - 4 -