HomeMy WebLinkAboutOrdinance #3741 ORDINANCE NO. 3741
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 14.48 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO DRAINAGE FEES
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 14.48.010 of the Huntington Beach Municipal Code is
hereby amended to read as follows:
14.48.010 Master plan of drainage. The City has adopted a Master Plan of
Drainage pursuant to California Government Code sections 66483 et seq.
Said drainage plan has been determined by the Board of Supervisors of the County
of Orange to be in conformity with the County drainage plan. A copy of the City's
Master Plan of Drainage is on file in the City Clerk's Office and the same is made a
part hereof as if fully set forth in this chapter.
The City Council hereby finds,by adopting the City's Master Plan of Drainage,that
the subdivision and development of property within the district areas requires the
construction of the facilities as set forth in the aforementioned Master Plan of
Drainage.
The City Council hereby finds, by adopting the City's Master Plan of Drainage, that
the fees, established by resolution of the City Council, are fairly apportioned within
the drainage areas set out in the City's Master Plan. (1985-7/75, 2798-11/85)
SECTION 2. Section 14.48.020 of the Huntington Beach Municipal Code is
hereby amended to read as follows:
14.48.020 Drainage areas. The boundaries of the drainage areas are hereby
declared to be those identified in the Master Plan of Drainage, which is on file in
the City Clerk's Office, and the same are made a part hereof as though fully set
forth in this chapter.
All drainage facilities set forth in the Master Plan of Drainage for the city of
Huntington Beach are in addition to present local drainage facilities serving the
drainage areas. (1985-7/75,2798-11/85)
SECTION 3. Section 14.48.030 of the Huntington Beach Municipal Code is
hereby amended to read as follows:
06ord/chap 14-48 1
Ord. No. 3741
14.48.030 Drainage fund. There is hereby created a separate fund which shall be
known as the "planned local drainage facilities fund." All moneys collected
pursuant to this chapter shall be deposited into the "planned local drainage facility
fund" and separate accounts shall be established for each local drainage area.
SECTION 4. Section 14.48.050 of the Huntington Beach Municipal Code is
hereby amended to read as follows:
14.48.050 Drainage fees. There is hereby established a requirement for the
payment of fees for the purpose of defraying the actual or estimated costs of
constructing planned drainage facilities for the removal of surface and storm waters
for the various drainage areas. Actual drainage fees for each drainage area shall be
established and amended from time to time by resolution of the City Council.
Such fees shall be collected, deposited and expended pursuant to California
Government Code sections 66483 et seq., and all other applicable laws of the state
of California.
All necessary drainage fees established by the city shall be deposited with the city
prior to recordation of a subdivision map, or issuance of a building permit if a
subdivision map is not required. The subdivider or person to whom a building
permit has been issued may make application for a reimbursement agreement.
(1985-7/75, 1998-9/75,2068-7/76, 13-11/85,2142-1/77,
2163-2/77,2179-4/77)
Within 180 days after the last day of each fiscal year,the City Council shall review
the status of compliance with this Chapter, including the amount of fees collected
and expenditures from the "planned local drainage facility fund".
SECTION 5. Section 14.48.090 is hereby added to the Huntington Beach
Municipal Code , said section to read as follows:
14.48.090 Annual Construction Cost Index Adjustment.
(a) Each drainage fee shall be adjusted to reflect the annual percentage adjustment in
the Construction Cost Index ("CCI") established by Engineering News Record as
published by McGraw Hill Construction/McGraw Hill Companies as of July I
commencing July 1, 2007.
(b) Adjustments based on these criteria will be determined on July 1 of each year. The
adjustments will be implemented effective the following October 1, which is the
beginning of the city's fiscal year.
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Ord. No. 3741
SECTION 6. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at
a regular meeting thereof held on the 21 G t day of A„q„G t , 200__6_.
Mayor
ATTEST: APPROVED AS TO FORM:
Q6tt4j
City Clerk City Attorney y(2(0('0
REVIEWED AND APPROVED: AND APP OVED:
City Administrator rerector of Public Works
06ord/chap 1448 3
Ord. No. 3741
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven; that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 7th day of August,2006, and was again read to said City
Council at a re ular meeting thereof held on the 21st day of August,2006, and was
passed and adopted by the affirmative vote of at least a majority of all the members of
said City Council.
AYES: Bohr, Coerper, Sullivan, Hardy, Hansen, Cook
NOES: Green
ABSENT: None
ABSTAIN: None
I,Joan L.Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on August 31,2006.
In accordance with the City Charter of said City
J an L.Flynn,Ci1y Clerk CU Clerk and ex-officio Olerk
Depply City Clerk of the City Council of the City
of Huntington Beach, California