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~I"" OF SAN BERNARD'OO - REQUEOT FOR COUNCIL ACC)ON
From: Ralph H. Prince
Subject: Improvement Security in Lieu of
Cash Payment for Storm Drainage
Fees
Dept: City Attorney
Date: April 11, 1985
Synopsis of Previous Council action:
4/4/85
Bonding for storm drain fees was referred to the
Legislative Review Committee.
Legislative Review Committee directed City Attorney
to prepare necessary amendments to authorize a
developer to use an improvement security in lieu of
cash payment for storm drainage fees.
4/1/85-
Recommended motion:
2.
waive further first reading of ordinance and layover
for final adoption.
Adopt resolution.
1.
JUSTIFICATION FOR PLACEMENT ON SUPPLEMENTAL AGENDA
The City Attorney was directed to prepare these documents for the
April 15, 1985 Council meeting.
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'gnatu re
Contact person:
William Sabourin
Phone:
5055
Supporting data attached:
Yes
Ward:
N/A
FUNDING REQUIREMENTS:
Amount:
None
Source:
N/A
Finance:
Council Notes:
75-0262
Agenda Item No.
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RESOLUTION NO.
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RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION
NO. 79-424 TO AUTHORIZE A DEVELOPER TO USE AN IMPROVEMENT SECURITY
AS PROVIDED UNDER SECTION 18.44.020 OF THE SAN BERNARDINO
MUNICIPAL CODE IN LIEU OF CASH PAYMENT FOR STORM DRAINAGE FEES
REQUIRED UNDER CHAPTER 3.38 OF THE SAN BERNARDINO MUNICIPAL CODE.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF i
SAN BERNARDINO AS FOLLOWS,
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SECTION 1. Recitals.
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A. The Mayor and Common Council may by resolution establish
9 a payment schedule for drainage fees on all land development
10 IWithin the City.
11 B. The Legislative Review Committee is currently
12 investigating drainage fees as applied to land development and to
13 subdivision of land within the City.
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SECTION 2. Resolution No. 79-425 is amended by adding
IS thereto Sections 4 and 5 to read,
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.SECTION 4. Projects now requiring storm drainage facilities
as a condition for approval of a parcel or subdivision map under
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Section 18.40.040 of the San Bernardino Municipal Code may provide
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an improvement security in lieu of cash payment of such fees as
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prescribed under Chapter 3.38 of the San Bernardino Municipal
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Icode.
Ii SECTION 5. All developers who provide an improvement
~security as defined under Section 18.44.020 of the San Bernardino
Ii Municipal Code in lieu of cash payment for the land division
drainage fees shall also enter into an agreement that the
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I drainage fees shall be paid as set forth in a cash bond, and in
I the event storm drainage fees based on surface area of the
II development are adjusted, and the land division drainage fees are
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I deleted, the developer will pay such new fees.-
2 I HEREBY CERTIFY that the foregoing resolution was duly
3 adopted by the Mayor and Common Council of the City of San
4 Bernardino at a
meeting thereof, held on
day of
, 1985, by the following vote,
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the
6 to' wit:
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AYES:
Council Members
NAYS:
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ABSENT:
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City Clerk
The foregoing resolution is hereby approved this
, 1985.
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day
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of
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Mayor of the City of San Bernardino
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Approved as to form:
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tY' ~or~
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ORDINANCE NO.
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
18.40.040 SUBSECTION A OF THE SAN BERNARDINO MUNICIPAL CODE
RELATING TO REQUIREMENTS FOR DRAINAGE FACILITIESl AND REPEALING
SECTION 3.38.060.
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
ORDAIN AS FOLLOWS:
SECTION 1. Section 18.40.040 Subsection A of the San
Bernardino Municipal Code is amended to read:
-A. The subdivider shall be required to construct storm
drainage facilities as needed to adequately protect the
I subdivision from flooding. Any such drainage facilities required
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for protection of the tract from flooding shall be constructed in
accordance with the City's storm drain master plan. Other storm
drainage facilities deemed necessary for the subdivision, or to
satisfy the drainage needs of the neighborhood, shall also be
constructed as directed by the Director of Public Works/City
Engineer.-
SECTION 2. Section 3.38.060 of the San Bernardino Municipal
Code is repealed.
I HEREBY CERTIFY that the foregoing ordinance was duly
,adopted by the Mayor and Common Council of the City of San
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iBernardino at a
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i on the
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II vote, to wit:
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meeting thereof, held
day of
, 1985, by the following
AYES:
Council Members
NAYS:
ABSENT:
City Clerk
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The foregoing ordinance is hereby approved this
of
, 1985.
Approved as to form:
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1 ty torney
day
Mayor of the City of San Bernardino
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