Loading...
HomeMy WebLinkAboutMINUTES - 08131985 - 2.1 C ti-001 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, CHIEF ENGINEER DATE: August 13, 1985 SUBJECT: Drainage Fee Requirement for Havenwood Subdivision (Subdivision 6200) I. RECOMMENDED ACTION: Confirm that the developer ,of the Havenwood Subdivision is required to pay drainage fees pursuant to Ordinance No. 84-38 (Drainage Area 52C) and require the payment of the additional fees prior to the issuance of building permits by the City of Brentwood. II. FINANCIAL IMPACT: The uniform collection of fees is necessary to assure that all the. planned drainage facilities in DA 52C are constructed in accordance with the adopted drainage plan. III. BACKGROUND: On June 25, 1985, the Board referred to the Public Works Director and County Counsel a letter dated June 19, 1985, from McDonough, Holland and Allen, Attorneys, regarding drainage fee requirements for the Havenwood Subdivision (Subdivision 6200) in the City of Brentwood. In their letter McDonough, et al . claim that the $5,000.00 per gross acre drainage fee, required by the City of Brentwood as a condition of approval of the tentative map for Subdivision 6200 and paid upon recordation of the final map, fulfilled the developer's drainage fee obligation. They claim that the additional drainage fee imposed under the Drainage Area 52C fee ordinance should not be required. As background information, the following facts pertaining to the Havenwood Subdivision are presented: Subdivision 6200 is a 130-lot development on 21.6 acres in the City of Brentwood. The City approved the tentative map for this Subdivision on October 5, 1982. The conditions of approval required that the developer pay the City a drainage fee of $5,000.00 per gross acre prior to the recordation of the subdivision map and install Line C in accordance with the DA 52C plans. The cost of the Line C improvements could be credited against the drainage fee in accordance with the Board's drainage fee credit and reimbursement policy. Almost a year later, on August 30, 1983, Drainage Area 52C was established and the DA52C Fee Ordinance (No. 83-33) was adopted by the Board. This ordinance, which based fees on impervious surfaces created by development, was amended by the Board on July 17, 1984 and replaced by a Drainage Fee Ordinance (No. 84-38) based on a uniform fee of $9,820 per acre. 10 9 Continued on attachment: X yes Signature: � ,�/ Recommendation of County Administrator Recommendation of Board Committee Approve Other: Signature(s): Action of Board on: August 13, 1985 Approved as Recommended Other' I *Action deferred to September 10, 1985 HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON DATE SHOWN. Attested /3 /9& Vote of Supervisors PhilUBatche1br Clerk of the Board of x Unanimous (Absent ) Supervisors and County Ayes: Noes: Administrator Absent: Abstain: BYE �n-�/ DEPUTY cc: Public Works Department Flood' Control Planning County Administrator County Counsel l v In a letter dated July 30, 1984, the District informed the developer's engineer, Leptien, Cronin, Cooper, Inc. that the amended DA52C fee ordinance would become effective August 16, 1984, and would be $9,820 per acre. The final map for Subdivision 6200 was recorded on August 16, 1984. At issue is the payment of the additional drainage fee required under DA52C Fee Ordinance No. 84-38. In a letter dated September 13, 1984, District staff informed the City of Brentwood that the developers of Subdivision 6200 are subject to the fee requirements of the current drainage fee ordinance for DA52C. The $5,000 per acre fee, paid by the developer, and eligible drainage improvements were allowed credit and deducted from the $9,820 per acre fee required by Drainage Fee Ordinance No.84-38. The remaining drainage fee obligation was determined to be $800.86 per lot. This fee was expected to be paid prior to the issuance ,of building permits. The attorneys for the developer are claiming that the entire drainage fee obligation, at $5,000 per acre, for the Havenwood development was satisfied as part of the subdivision map process and that no additional fees are due at this time. It is their belief that the development comes within Section X. of Ordinance No. 84-38 which states that "No lot shall be subject to payment of the fee, under the terms of this ordinance more than once, . . . . . . . . ." This issue has been reviewed by the County Counsel 's office. In the view of County Counsel , it is legally correct and defensible to collect the difference between the $9,820 per acre fee required by Ordinance No. 84-38 and the $5,000 per acre fee required by the conditions of approval for Subdivision 6200. Since the $5,000/acre fee was imposed by the City in the absence of a Flood Control District drainage fee ordinance, County Counsel believes that Section X. of Ordinance No. 84-38 does not preclude such collection. Further, the District adopted Ordinance No. 84-38 under special state legislation, not pursuant to the Subdivision Map Act. This statutory authority requires that the drainage fee be paid either before the recordation of a final map (or parcel map) or before the issuance of a building permit. Since the fee ordinance was adopted pursuant to this special state legislation, the imposition of drainage fee under the District's Ordinance No. 84-38 would be proper. We are aware that the subdivision was designed to provide affordable housing to low-income families, made possible by low-income mortgage financing grants from the County. The DA52C Ordinance did not exempt Subdivision 6200 from the payment of the drainage fee. Uniform collection of fees will assure that developments in the area will carry the burden of providing drainage facilities in an equitable manner, County Counsel concurs with the foregoing. IV. CONSEQUENCES OF NEGATIVE ACTION: Relief of the developer from the payment of the additional fee could be based only on an amendment of Ordinance No. 84-38. Should Ordinance No. 84-38 be amended, all other similar ordinances would also have to be amended.