HomeMy WebLinkAbout06-97 - Adopting a Revised Drainage Fee for City of Costa MesaRESOLUTION NO. 06-97
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, ADOPTING A REVISED
DRAINAGE FEE FOR THE CITY OF COSTA MESA.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
RESOLVE AS FOLLOWS:
WHEREAS, the City Council of the City of Costa Mesa has heretofore
established a drainage fee in accordance with California Government Code Sections
66483 through 66483.2 and 66000 through 66007 and codified in Title 15, Chapter
III of the Municipal Code of the City of Costa Mesa; and
WHEREAS, the drainage fee is intended to defray the cost of construction
and maintenance of existing and additional drainage facilities necessitated by
construction and development of property, and shall be put to such use pursuant to
the Master Drainage Plan for the City of Costa Mesa, as the same may be updated
and amended from time to time; and
WHEREAS, pursuant to the provisions of the California Constitution and the
laws of the State of California, the City of Costa Mesa is authorized to adopt,
implement, and increase such drainage fee; provided, however, that such drainage
fee does not exceed the estimated reasonable pro rata cost of the drainage facilities
to be constructed; and
WHEREAS, a comparative study of the existing drainage fees of nearby
jurisdictions has revealed that the City of Costa Mesa's current drainage fee is
substantially below the norm in the local market area; and
WHEREAS, California Government Code Section 66018 requires notice to be
given and information made available at specified times and sometime thereinafter a
public meeting of this City Council to be held, prior to the adoption of an increase in
the existing drainage fee; and
WHEREAS, California Government Code Section 66018 requires notice to be
published in accordance with California Government Code Section 6062a and a
general explanation to be made available concerning the drainage fee prior to
conducting a public hearing with respect to the adoption of the increase in the
drainage fee, for which no other procedure is provided by law; and
WHEREAS, pursuant to California Government Code Section 66018, this City
Council has held at least one duly noticed public hearing and received oral and written
presentations thereat with respect to the increased drainage fee prior to the adoption
of this Resolution; and
WHEREAS, this City Council desires to adjust the amount of the drainage fee
levied by the City of Costa Mesa as set forth herein; and
WHEREAS, all legal. prerequisites to the adoption of this Resolution have
occurred;
WHEREAS, adoption of an increased drainage fee is statutorily exempt from
review under the California Environmental Quality Act pursuant to 14 California Code
of Regulations Section 15273.
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NOW, THEREFORE, BE IT RESOLVED as follows:
Section 1: This City Council hereby finds and determines that based upon
the data, information, analysis, oral and written documentation presented to this City
Council concerning the drainage fee described in Exhibit "A" attached hereto and by
this reference incorporated herein, the rates, fees, and charges set forth in said
Exhibit "A" do not exceed the established reasonable pro rata cost of constructing
and maintaining the drainage facilities for which the drainage fee is levied.
Section 2: The drainage fee set forth in Exhibit "A" and as further
described below is hereby adopted and approved.
Section 3: The drainage fee set forth in Exhibit "A" shall be effective and
shall be implemented commencing on January 1, 2007.
Section 4: Immediately upon the commencement date of the revised
drainage fee, the previously established drainage fee shall be, and the same is hereby,
superseded by the drainage fee established in said Exhibit "A".
Section 5: The adoption of the. drainage fee set forth. in Exhibit "A." is
statutorily exempt from analysis under the California Environmental Quality Act
pursuant to 14 California Code of Regulations Section 15273.
Section 6: The City Clerk shall certify to the adoption of the Resolution.
H
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K,
PASSED AND ADOPTED this 21St day of November, 2006.
Mayor of the City of Costa Mesa
ATTEST:
City elerk of the City of Costa Mesa APPROVED AS TO FORM:
4' _�,q 4,4J
J
Kimberl Hall Barlow, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, JULIE FOLCIK, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY
that foregoing Resolution No. 06-97 was duly passed and adopted by the City Council
of the City of Costa Mesa at a regular meeting held on the 21s day of November, 2006,
by the following roll call vote, to wit:
AYES:
COUNCIL MEMBERS:
Mansoor, Bever, Dixon, Foley, Monahan.
NOES:
COUNCIL MEMBERS:
None.
ABSENT:
COUNCIL MEMBERS:
None.
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 22nd day of November, 2006.
JULI FOLCIK, CITY CLERK
(SEAL)
EXHIBIT "A"
Effective from January 1, 2007 through January 1, 2009
DRAINAGE FEE (per acre)
Low density residential use = $3,141.50
Medium density residential use = $3,769.50
High density residential use = $5,026.00
Commercial/Industrial use = $5,654.50
Effective from January 1, 2009
DRAINAGE FEE (peracre)
Low density residential use = $6,283.00
Medium density residential use = $7,539.00
High density residential use = $10,052.00
Commercial/Industrial use = $11,309.00
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