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~I~ OF SAN BERNARD'OO - REQU~T FOR COUNCIL ACC)ON
From: Ralph H. Prince
Subject: Improvement Securi ty 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.
~/I4/cV
Ignature
Contact person:
William Sabourin
Phone:
5055
Supporting data attached:
Yes
Ward:
N/A
FUNDING REQUIREMENTS:
Amount:
None
Sou rce:
N/A
Finance:
Council Notes:
75-0262
Agenda Item No.
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RESOLUTION NO.
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.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. Recitals.
A. The Mayor and Common Council may by resolution establish
a payment schedule for drainage fees on all land development
i
I!within the City.
I B. The Legislative Review Committee is currently
investigating drainage fees as applied to land development and to
subdivision of land within the City.
SECTION 2. Resolution No. 79-425 is amended by adding
thereto Sections 4 and 5 to read:
.SECTION 4. Projects now requiring storm drainage facilities
as a condition for approval of a parcel or subdivision map under
II Section 18.40.040 of the San Bernardino Municipal Code may provide
Ian improvement security in lieu of cash payment of such fees as
II prescribed under Chapter 3.38 of the San Bernardino Municipal
Code.
I! SECTION 5. All developers who provide an improvement
Ii 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
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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1 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
, 1985, by the following vote,
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the
day of
6 to- wit:
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AYES:
Council Members
NAYS:
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ABSENT:
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City Clerk
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The foregoing resolution is hereby approved this
day
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of
, 1985.
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16
Mayor of the City of San Bernardino
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Approved as to form:
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19 ~~~~/..~
~or e
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ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
18.40.040 SUBSECTION A OF THE SAN BERNARDINO MUNICIPAL CODE
3 RELATING TO REQUIREMENTS FOR DRAINAGE FACILITIES, AND REPEALING
SECTION 3.38.060.
4
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
5 ORDAIN AS FOLLOWS:
6
SECTION 1. Section 18.40.040 Subsection A of the San
7 Bernardino Municipal Code is amended to read:
8
WA. The subdivider shall be required to construct storm
9 drainage facilities as needed to adequately protect the
10
II subdivision from flooding. Any such drainage facilities required
II
for protection of the tract from flooding shall be constructed in
II
12 accordance with the City's storm drain master plan. Other storm
13 drainage facilities deemed necessary for the subdivision, or to
14 satisfy the drainage needs of the neighborhoOd, shall also be
15 constructed as directed by the Director of Public Works/City
16 Eng ineer. W
17
SECTION 2. Section 3.38.060 of the San Bernardino Municipal
18 Code is repealed.
19 I HEREBY CERTIFY that the foregoing ordinance was duly
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II adopted by
II
I' Bernardino
on the
, 1985, by the following
the Mayor and Common Council of the City of San
at a
meeting thereof, held
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day of
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il vote, to
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wit:
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AYES:
Council Members
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NAYS:
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ABSENT:
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City Clerk
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of
The foregoing ordinance is hereby approved this
day
, 1985.
Approved as to form:
~~)#4~~v
1ty torney
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Mayor of the City of San Bernardino
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