HomeMy WebLinkAboutItem 8.4 Special Drain Area 7-1
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City of DLtBO}f
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: December 12, 1983
SUBJECT:
Agreement to collect special drainage area 7-1
fees for the Alameda County Flood Control and
Water Conservation District
EXHIBITS ATTACHED: 1. Letter from Alameda County Flood Control
and Water Conservation District dated
Novembe~ 17, 1983.
2. Information sheet on Special Drainage area
7-1, dated March 1966.
3. Alameda County Flood Control and Water
Conservation District Ordinance No. 53 as
amended by Ordinances No. F. C. 67-1, 67-3,
and 67-4.
4. Map of the City of Dublin, dated April 1982,
showing area excluded from Special Drainage
Area 7-1.
5. Draft Resolution concurring in a Special
Drainage Area program for Zone 7 of The
Alameda County Flood Control District.
_~. Draft agreement implementing the program.
RECOMMENDATION~~AdoPt attached draft resolution concurring in the
program.
FINANCIAL STATEMENT: Financial impact is minimal. The city collects
the .drainage fees at time of issuance of building
permits and transmitts to Alameda County Flood
Control and Water Conservation District. The city
retains 1% of the fees to defray administrative
expenses.
DESCRIPTION: This program was instituted in 1966. Fees were
collected by the Alameda County Building Inspection
Department. This proposal is to continue that
program, except the fees would now be collected by
the City of Dublin Building Inspection Department.
The program is intended to finance the construction
of major storm drainage facilities within the
Livermore Amador Valley. Fees are collected as
follows:
1. For each single family residential permit $120.00.
2. For each multi-family residential unit $80.00, but
not the lot area in square feet times $.025 per
square foot of lot area.
3. For non-residential development $.025 per square
foot covered by impervious surfaces.
A large portion of the City of Dublin was exempted
from the program because ~ajor flood control
improvements had already been constructed by the
developer of the exempt area.
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A major portion of the flood control improvements
proposed for the City of Dublin have already been
constructed. Some of the fees collected may be used
for construction of improvements outside of the city.
On the other hand, new construction in the City of
Dublin increases the run off and thus affects down
stream drainage facilities.
ITEM NO.
8.t/-
COPIES TO: Alameda
County Flood Control & Water
Conservation District
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ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
1404 CONCANNON BOULEVARD
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LIVERMORE, CALIFORNIA 94550
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(415) 443-9300
November 17, 1983
Mr. Lee Thompson, City Engineer
City of Dublin
P.O. Box 2340
Dublin, CA 94568
Dear Mr. Thompson:
Per our recent discussion, enclosed are the following items regarding' the
District's Special Drainage Area 7-1 (SDA 7-1):
1. Information sheet on SDA 7-1; March 1966.
2. Ordinance No. 53, prescribing fees and charges for
SDA 7-1. .
3. Map showing portion of Dublin excluded from SDA 7-1.
4. Draft resolution to be adopted by your City Council
concurring with the SDA 7-1 program.
5. Draft agreement between the Ci ty and the District pro-
viding for collection of drainage fees by the City.
Currently, SDA 7 -1 fees are collected by Livermore, Pleasanton and Alameda
County Building Officials at the time a building permit is issued. Because
Dublin has taken over building permit responsibilities from the County, it
seems appropriate for the City to collect the required SDA 7-1 drainage fees.
Incidentally, a District ordinance establishing the Zone 7 water supply connec-
tion charge is also effective within the City of Dublin. You may also wish to
consider collecting this development fee at the time a building permit is
issued. This procedure would be consistent with agreements the District has
with the Cities of Livermore and Pleasanton, and would provide your permit
applicants a smoother process in paying for the required development fees
before obtaining a building permit.
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Mr. Lee Thompson, City Engineer
City of Dublin
Page 2
November 17, 1983
After reviewing this material, please feel free to give me a call and/or
arrange for a meeting so we can discuss this further.
Very truly yours,
Mun J. Mar
General Manager
By
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Vincent Wong
Supervising Water Resources
Engineer
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Enc.
cc: Angelo Isquierdo
Harris Teshima
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INFOR~TIdN ON THE PROPOSED
SPECIAL DRAINAGE AREA 7-1
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ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
MARCH 1966
1. Location. the boundaries of Special Drainage Area .7~1 are the boundaries
of Zone No.7. It has an area of ~25square miles, bounded on the north,
east arid south by the boundaries of Alameda County and on the west by the
ridge line of the hills separating the bay plain from the inland Amador
and Sunol Valleys. It includes all of.the cities of Livermore and
Pleasanton, a small portion of the City of Fremont and the communities of
Dub1,in, Sunol, Altamont and Mountain House.
2. Project description. The p~oject includes the construction of all major
flood control facilities in the zone, including earth channels, concrete-
lined channels, reinforced concrete.boxes, bridges, dams, levees, autanatic
drainage gates, storm drainage conduits, fencing and other related struc':'
tures where required to solve flooding or drainage problems of a public
nature; construction of embankment protection and erosion control structures;
cooperation in any duly authorized Federal or State project or study for
flood control, drainage, reclamation ~d incidental water or soil conserva-
tion in or on behalf of Zone No.7; maintenance and operation of facilities
constructed or improved as a part of this project.
3. Estimated total capital cost of proposed project: $20,800,000.
4. Method of financing. The improvements in this project are propos~d to be
financed by the levying of a drainage fee on all new developments constructed
within the zone~ All developments existing within the zone at the time of
establishment of Special Drainage Area 7-1 will be exempt fran such a
drainage fee. At the time of issuance of a building permit or use permit,
a fee will be due and payable in accordance with the following schedule:
a. For each single family residential unit
$120.00
b. For each multiple family residential unit $80.00
providing that the fee shall not exceed an amount
equal to the product of the area of the lot in square
feet and $0.025 per square foot.
c. For industrial, commercial establishments, churches,
schools, parks, hospitals and all other types of
development, an amount equal to the product of the
area in square feet covered by impervious surfaces
as.a result of the development, and $0.025 per square
foot.
d. Fees determined to be less than $10.00 shall be waived.
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Information Sheet
'Special Drainage Area 7-1
Page Two
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The funds collected in accordance with this schedule shall be placed
in the Special Drainage Area 7-1 fund. Money'shall be disbursed from this
fund for the purposes of accomplishing the improvements, works or projects
described above, paying interest and redemption charges on bonds used for
the accomplishment of the project and reimbursement of developers for costs
incurred in the construction of project works in excess of the drainage
fees due in accordance with the foregoing schedule. For the first five
years after the initiation of the project, no funds will be reimbursed to
developers. Thereafter, fifty per cent (50%) of all funds assessed will
be made available for reimbursing excess costs to developers on a priority
based upon the date such excess costs are incurred.
5. Purpose of project. Special Drainage Area 7-1 is proposed as a means of
financing the flood control improvements necessary to provide complete
flood protection for lands ready for development in the zone. It is
est1mated that growth in Zone No.7. during the period from 1965. to 1995
will produce drainage fees totaling approx1mately $10,000,000 or slightly
over one-half of the total estimated cost of the project. The additional
funds necessary to complete the project will be raised by ad valorem taxa-
tion and from potential Federal and State programs.
6. Beneficial effects of the proposed project.
a. Encouragement of the orderly development of the vacant
lands in the zone to desirable types of higher land use.
b. Elimination or substantial reduction of direct damages
from flood waters to lands, improvements and personal .
property in the zone;
c. Elimination or substantial reduction of menace to public
health from flood waters;
d. Protection of property values in the entire community
fram the depressing effect exerted by floods and poor
drainage in any part of the community;
e. Elimination of traffic hazards caused by the failure of
pavements due to existing inadequate drainage conditions;
f. Decrease in-maintenance costs of pUblic streets, roads,
and highways in the zone;
5. Lessening erosion in many watercourses in the zone;
~. In~irect beneficial effects created by increased assessed
valuation and increased business as a result of greater
industrial, residential and commercial development in the
zone;
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Information Sheet
'Special Drainage Area 7-1
Page Three
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1.
Making the zone eligible for certain State and Federal
funds which are available for flood control and water
conservation work;
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Possible recreational use of facilities constructed or
maintained by Zone No. 7 or constructed as a part of a
program in which Zone No. 7 has cooperated, 'when approved
by the zone Board of Directors.
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Spreading a substantial portion of the costs of developing
the flood control project directly' on the new developments
in proportion to their contribution to the problem.
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10/25/67
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AlAl-1EDA COUNTY FLOOD CONTROL :AND WATER CONSERVATION DISTRICT
ORDINANCE NO. 53, as amended by Ordinances
No. F.C. 67-1, 67-3, and 67-4
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AN ORDINANCE PRESCRIBING FEES AND CHARGES TO BE IMPOSED BY
SPECIAL DRAINAGE AREA 7-1 OF THE AIAMEDA COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT AT THE TIME OF SUBDIVISION OR
ISSUANCE OF A BUILDING OR USE PERMIT.
WHEREAS, by Resolution No. 6922, dated May 17, 1966, the Board of
Supervisors of the Alameda County Flood Control and Water Conservation District
established Special Drainage Area 7-1; and
WHEREAS, pursuant to the Alameda County Flood Control and Water
Co~servation District Act, the District may establish special drainage areas
within the District, including all lands contributing to the drainage require-
ments of the area and institute drainage plans for the benefit of such areas;
NOW, THEREFORE, IT IS HEREBY ORDAINED by the Board of Supervisors of
the Alameda County Flood Control and Water Conservation District as follows:
SECTION I. - DEFmITIONS
l. Definitions: The definitions contained in this article shall
govern the construction of this Ordinance unless the context otherwise
requires.
2. "Facility" means any bank, channel, conduit, inlet, dam,
spillway, fence, pump station, measurement gauge, levee, reservoir,
slope structure or watercourse.
(D.) "Bank" means embankments, dikes, levees, walls or
oth~r llatural or artificial bordering facilities cr features
adjoinine or parallel to any natural or artificial water-
course, channel or reservoir.
(b) "Condui t" means any pipe, flume, box, culvert or any
other natural or artificial facility intended for the passage
or conveyance of water, open or closed, above, on or below the
surface of the eround.
(c) "Dam" means any natural or artificial structure or
barrier of either a temporary or permanent nature, the effect
of which is to impound or hold back water or the flow thereof
and includes check d~s, weirs, walls, dikes and levees.
(d) "Fence" means all elements thereof including gates,
posts, guys and other parts.
(e) "Inlet" means opening, place of ingress, entrance
or orifice for the conduct of water.
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(f) "Levee" means any embankment, dike, wall or other
structure~ permanent or temporary, of any materials or com-
binations thereof, the purpose of which is to stop, confine,
divert or otherwise control the flow of water in an area,
<;hannel or watercourse.
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- (g) "Measurement gauge" means any device used to measure.
or record water depths, flads, velocities, quantities, pre-
cipitation, temperature or evaporation and also all structures,
housings or other appurtenances thereto.
(h) "Pwnp station" means any mechanical device for lifting
or boosting water, including all necessary appurtenances.
(i) '~eserv6ir" means any nattITal or artificial basin,
pond, lake or other facili t.y fo!' the pe:nr.a.nent or teIr..po:r~~r
holding or storing of water..
(j)
channel.
channel
"Slope If means that area along and parallel to any
or watercourse or reservoir and lying between the
and the highest point of any bank thereof.
(k) "Spillway" means a passage for superfluous water in
,a reservoir, river, or conduit, a paved apron for a dam or
part of dam over which water flows.
(1) '''Structure'' means any "Torks or constructions of any
kind, including those of earth or rock, permanent or tempo-
rary, and including fen~es, poles, buildings, linings or
'pavings, inlets, levees, tide gates, spillways, drop struc-
tures, conduits and similar facilities. '.
(m) "Hatercourse" means any natural or artificial streams;
rivers, rivulets, brooks, creeks, ditches, canals, conduits,
boxes, culverts, bridgeTA"ays, drains, water/lays, gullies,
arroyos, washes, basins, ponds, reservoir-s orflwnes, flowing
continuously or intermittently in a definite direction and
course or used for ~he hOlding, delay or storage of waters.
3. '~eveloper" means a subdivider, indust~ial developer, or any
person, firm, corporation, district, agency, or group, public or private.
4.. "District" means the Alameda County Flood Control and Hater
Conservation District.
5. "Person" means any person, firm, c:)rpcration; municipality:.
district or public agency.
6. "Board" means the Board of Supervisors of the Alameda Cou...'1ty
Flood Control and Water Conservation District.
7. "Director of Public Works" means the Director of Public i'lcrks
of the Alameda County Flood Control and Water Conservation District or
his successor as chief officer of the District if such title be changed.
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8. "Right of Way" means land which by deed conveyance, agreement,
easement, dedication, gift, usage or process of law,is reserved for
and dedicated to the uses and purposes of the Alameda County Flood
Control and Water Conservation District.
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9~'~ "Impervious Surfacing" means any area occupied by buildings
and/or related structures and any area designed or used as driveways,
streets, sidewalks, parking,. storage or any other area where surfacing
is required under the applicable provisions of any duly authorized
ordinance, law or regulation of any public agency, including but not
limited to the State of California, the County of Alameda or any city
or municipality therein. As used herein, an impervious surface shall
include, but not be limited to, a surface composed in whole or in
part of asphalt, concrete, gravel, or other non-porous or semi-porous
substance or substances which will cause, assist, or in any way con-
tribute to the runoff in any appreciable amount or quantity of water
or any associated liquid elements. .
SECTION II. - DRAINAGE FEE SCHEDULE
This Board of Supervisors does hereby find that the proposed project as
defined in the aforesaid Resolution No. 6922 would be for the benefit of Special
Drainage Area 7-1, that the development of property within said area requires con-
struction of the facilities in the plan of the aforesaid project, and that the
public interest, necessity, convenience, and general welfare of the residents and
property owners of Special Drainage Area 7-1 require the institution, construction,
and maintenance of the project.
There is hereby established the following schedule of fees, which schedule
is hereby found to be fairly apportioned within said Special Drainage Area 7-1 on
the basis of benefits conferred on property within the area, to be used for accom-
plishment of the project, as defined in the aforesaid Resolution No. 6922 serving
any area, new buildings, improvements (including but not liinited to paving) or
structures to be constructed which, as determined by the Director of Public Works,
substantially change the imperviousness of the surface of land.
1. For single family residences a fee of $120.00 for each single
family residence.
2. For multiple family residences a fee of $80.00 for each
dwelling unit located on the lot, provided,. however, that the fee for
.any individual lot shall not exceed an amourit equal to the product
of the total-number of square feet in the lot and $0.025 per square
foot.
3. For all other improvements on lots used for other than resi-
dential purposes including, but not limited to, industries, commercial
establishments, hospitals, schools, churches, parking lots, private
roads, streets and sidewalks, or any other improvement that creates
an impervious surface on the land resulting in an additional storm-
water runoff a fee equal to the product of the number of square feet
of such impervious surface and $0.025 per square foot.
4. All fees calculated to be less than $10.00 may be waived;
provided, however, that this provision may no~ be used to avoid pay-
ment of fees by building in stages.
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5. All fees shall be payable at the time of issuance of a building
permit or a use permit.
6. ' All fees collected under the provisions of this Ordinance
shall be deposited.in a fund established by and with the Treasurer of
the Distrj.ct and said fund shall be called "THE SPECIAL DRAINAGE
FACILITIES FUND NO.7-I".
SECTION III. - DISPOSITION OF FEES
1. Funds collected in accordance with this Ordinance and the
aforesaid Resolution No. 6922 shall only be used for the accomplishment
of the Special Drainage Area 7-1 project, described in the exhibits to
Resolution No. 6861, and shall be expended for land acquisition, con-
struction, engineering,repair, maintenance, and operation, or reim-
bursement for the same in whole or in part, of local drainage facilities
shown in said exhibits within said Special Drainage Area.
2. Said funds may also be used to rein).burse any Developers who
construct any portion of the aforesaid Special Drainage Area 7~1
Project, or who furnish any right of way for any portion of the afore-
said Special Drainage Area 7-1 Project, the cost of which is in excess'
. of Developers' fees, provided that:
(a) No portion of such work shall have been installed
or constructed, nor any right of way furnished, until and
unless the plans and specifications therefor have been
approved by the Director of Public Works.
(b) A contract is executed between the Board and
Developer providing that payments, if any, to Developer
are contingent upon the collection of fees from other
Developers in accordance with the fee schedule of'this
Ordinance.
(c) Said contract shall also include the total amount
of reimbursement to be provided for the construction of
the Special Drainage Area'7-1 facilities and the provision
of rights of way therefor.
(d) Such reimbursement, if any, shall not take place
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until after completion of the aforesaid facilities, or
the furnishing of the aforesaid right of way, and their
acceptance by the Board, and shall only be made fram. the
Special Drainage Facilities Fund No.7-I.
3. The amount of any such reimbursement to Developer. shall be
determined by the Director of Public Works and shall be based upon the
actual ~ost of construction and right-of-way acquisition for facilities
detennined to be a portion of the Special Drainage Area 7-1 Project,
less the fee due in accordance with the fee 'schedule in Section II
hereof. The Developer applying for reimbursement shall submit to District
certified cost records of the portion of the project completed and the
Director of Public Works shall make his determination of cost based upon
such records, provided, however, that in no event will such cost exceed
the amount "determined by the ,Director of Public Works to be the pro-rata
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share of said portion of the total cost of the project, estimated to be
$20,800,000. The pro~rata share of the cost of any portion of the project
shall be based upon the cost estimate used to determine the total cost
of the project and on file in the District office.
4.-. The' following items shall govern the disposition of the funds
collected under this ordinance.
(a) All funds collected' from the date of the adoption of
this ordinance tu~til December 31, 1970, shall be used only as
provided in Paragraph I of Section III of this Ordinance.
(b) Fifty per cent (50%) of all funds collected subsequent
to December 31, 1970, may be used to reimburse Developers in
accordance with Paragraph 2 of Section III of this Ordinance.
SEC'!'ION rv. - EXEMPTIONS
1. No fee shall be collected under the following circumstances:
(a) For any buildings, structures, or improvements
installed or constructed in substantially the same location
and size for the same use as previously existing buildings,
when such new buildings, structures, or improvements are
being constructed or installed as replacements for'the
previously existing buildings, structures or improvements.
(b) For any buildings, structures, or improvements
on land that is zoned "Agricultural" by the County or
City having jurisdiction if such building"structure or
improvement does not require a building permit or a use
permit .and is incidental and necessary to agricultural
development of such land.
(c) For any buildings, structures, or improvements
upon which a drainage fee for Special Drainage Area 7-1
has already been assessed and collected by District except
as provided in Paragraph 2 of Section V hereof.
(d) For any living quarters, dwelling, boardinghouse,
tent, bunkhouse, maintenance of way car, trailer coach, or
other housing accommodations constituting a labor "camp"
as defined in Article 4, Chapter 1, Part 9, Division 2 of
the Labor Code of the State of California.
2. Any Developer who has ccnstructedportions of the Special
Drainage Area 7-1 Project, or furnished right of way for the Special
Drainage Area 7-1 Project, and who is entitled to reimbursement under
the provisions of this Ordinance may be exempted from payment of fees
for Special Drainage Area 7~1 up to the amount of such reimbursement
which has not yet been paid him. Such exemption shall be acccmplished
only by execution of a contract between the Board and the Developer
stating the amount of the exemption and the location and area of the
exemption. Any such exemption shall be deducted from the amount of
any reimbursement that may be due to Developer.
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SECTIONV. - COLLECTION OF FEES
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1. Fees provided for herein shall be collected by the County
Building Official, or the appropriate City Building Official if the
improvement is located within an incorporated City, at the time of
issu~nc~ of abuilding permit or a use permit for such improvement.
It is hereby ordered that the Director of Public Works keep
accurate records concerning the collection of such fees relative to
which fees have been paid and to which area, buildings or structures
such payments apply.
2. Fees shall be collected from a parcel of land with pre-
existing buildings, structures or improvements or those that have
already been assessed a drainage fee, if the proposed use will be
such that a higher drainage fee should be assessed, provided, how-
ever, that such a fee shall be equal to the difference in the amount
calculated to be due under the new use and the amount calculated to
be due under the old use in accordance with the fee schedule contained
in Section II hereof.
SECTION VI. - APPEAL
1. In the event that any developer claims that the fees assessed
under this Ordinance are not reasonably related to the cost of accom-
plishing the Special Drainage Area 7-1 project, he may appeal in
writing to the Board of Supervisors. The Clerk of said Board of
Supervisors shall set a time for hearing on such appeal within three
(3) weeks from the date of receipt of said appeal and shall mail or
deliver notification to the appellant and Director of Public Works
of said date at least two (2) weeks prior to the date so set.
2. At the hearing of such appeal it will be incumbent upon
the appellant to show to the satisfaction of the Board of Supervisors
that the fees imposed by this Ordinance are not reasonably related
to the cost of accomplishing the Special Drainage Area 7-1 project.
3. If the Board of Supervisors determines that the fees should
be modified or waived, it shall issue to the Director of Public Works
instructions setting forth the modifications and directions as to the
amount of fee to be collected.
SECTION VII. - FAILURE TO PAY FEES
It is hereby resolved and ordered that the failure to pay the fees set
forth in this Ordinance shall constitute a lien on land to the amount of the
unpaid fee.
In case any of the above fees remain unpaid on~he first day of the
month, before the month in which the Board of Supervisors of Alameda County is
required by law to levy the amount of taxes required for County purposes, the
amount of the unpaid fee shall be added to and become a part of the annual tax
levied upon the land containing the building, improvement or structure for which
the required fee has not been paid, and shall be added to and become a part of
the first installment of said tax.
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In such case, and at least fifteen (15) days pefore the first day of
the month in which said Board of Supervisors is required by law to levy the 'amount
of taxes required for County purposes, the Director of Public Works shall furnish
in writing to the Board of Supervisors of the County and to the County Auditor,
respectively, a description of each and every parcel of land within the District
upon which any 'such fees which should have been paid remains unpaid together with
amount of 'said unpaid fee.
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SECTION VIII. - SEVERABILITY
Severability Clause: In any section, sub-section, paragraph, sub-
paragraph, sentence, clause or phrase of this Ordinance is for any reason held
to be invalid or unconstitutional, such invalidity or unconstitutionality shall
not affect the validity or constitutionality of the remaining portions of this
Ordinance; and the Board declares that this Ordinance and each section, sub-
section, paragraph, sub-paragraph, sentence, clause, and phrase thereof would
have been adopted irrespective of the fact that one or more of such section,
sub-section, paragraph, sub-paragraph, sentence, clause or phrase be declared
invalid or unconstitutional.
SECTION IX. - OPINIONS AND DETERMINATIONS
Where this Ordinance provides for action to be based upon the opinion,
judgment, approval, review or determination of the Director of Public Works, it
is not intended to be and shall never be construed as permitting such opinion,
judgment, approval, review, or determination to be arbitrary, capricious, or
unreasonable.
SECTION X. - EFFECTIVE DATE
This Ordinance shall take effect and be in force sixty (60) days from
and after the date of its passage and before the expiration of fifteen (15) days
after its passage it shall be published once with the names of the members voting
for and against the same in the Pleasanton Times, a newspaper published in the
County of Alameda.
Adopted by the Board of Supervisors of the AIAMEDA COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT, State of California, on the 17th day of May, 1966,
by the following vote:
AYES: Supervisors Hannon, Pursel, Razeto and Temporary Chairman Sweeney - 4
NOES: None
ABSENT: Chairman Murphy - 1
JOHN D. MURPHY
Chairman of the Board of Supervisors of the Alameda County
Flood Control and Water Conservation District.
JACK G. BLUE
COurlty Clerk and ex officio Clerk of the Board of Supervisors
of the Alameda County Flood Control and Water Conservation
District.
By JACK K. POOL, Chief Clerk
Pub. June l, 1966.
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San Ramon Village\
CITY
OF
DUBLIN
ALAMEDA CO.,
SCALE: I": 1000'
CALIFORNIA
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APRI,L,1982,
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RESOttrrION NO.
RESOLUTION OF THE CITY COUNCIL OF THE cm
OF Duk, i'l n CONCUBRINQ m
A SPECIAL DRAINAGE AREA PlOORAM FOIl ZONE NO.7 OF
THE ALAMEDA COOHTY FLOOD OONTROL DISTRICT
WHEREAS, on May 17, 1966, the Board ot Superv1aors ot the Alameda
County 'lood Control and Water Conservation Dlatrict by Resolution No. 6922
..tabU.bed a Speclal Drainca' Area pur.uant to Sectlon 12.2 of Act No. 205
ot the Uncodlt1ed Act. ot the Wat.r Code ot the State of Calitornia; and
WHEREAS, a portion
ot the City ot Dubl'lt'))
11el within the Special Drainage
A~a; and
WHEREAS, the ..tabl1ahment ot Special Drainage Area No. 7-1 is
considered ellential to the .olutlon ot .tOl'll drainage problema ot the portion
D<.Jblin
ot the City ot / I 171ng vlthin .aid Special Drainage Area No. 7-1;
Hal, THERUORE. BE IT lUI:SOLVID, that the City COW1c11 or the City of
D",,'o I.:n
'does hereb1 concur 1n the Special Drainage Area 7-1 establbhed by the
,
Boord ot Supervilor. or the Alaaed.a CCUD~ l'lood. Control and Water Conservation
Dhtr1ct, laid 8)H1all)n1naae Area No. 7-1 11e. v1th1A the Clty 11m1ta ot the
Dubl if)
City or with boundaries a. .hew OIl Drawing No. MA III ot .ald District,
and
BE IT FURTHEll RESOLVED, that the AlIuda County Flood Control and Water
Conaervatico District is authorized and permitted to collect tee. establIshed
,
In the aannv provided in laid Act a. a coadltion precedent to the development
ot propert1 vi thin luch .pecial drain.,e area J and
BE IT rtJR'l'HER RESOLVED that no building pend t 01' \laCS perm! t ahall be
luued to an;y developer until luch tH. are paid br hill to the Alameda County
Flood Control and Water Conservation District, prOVided luch teea do not exceed
t.he pro rata share ot tl.'" aaOUDt ot the total actual c"'''!.,timated coats or all
luch drainage tac1l1tie. within the IpQc1al drainage area vbich would be assessable
.'
on .uch property it such coat. were apportioned on 8 unitorm tee '8chedule; and
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BE IT P"URTHER RESOLVED that the Bulld 1ng Official of the City of
11 hereby ordered and d 1rected to cooperate lIi th the Alameda County 1lood Control
and Water C~ervatlon Dl.trlct to accomplish the purpooea of this Resolution.
I HEREBY CERTIFY that the foregoing resolution was introduced at a
regulnr meeting 'of the City Council held on . 19 . by
Councilman . who moved ita adoption and passage. which motion
vas carried after being duly seconded and pasled by the following vote:
AYES
NOES
ABSENT
SECOHDED :
APPROVED I
Mayor
ATTESTs
C 1 ty Clerk
APPROVED AB TO P'CIlM:
C1t7 Attorney
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A G R E E MEN T
THIS AGREEMENT, made and entered into this
by and between the ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT,
hereinafter referred to as District, and the CITY OF DUBLIN, hereinafter referred
to as City;
WIT N E SSE T H:
WHEREAS, District has, under provisions of its act, established
Special Drainage Area 7-1 by Resolution No. 6922, authorizing certain drainage
improvements therein for the benefit of present and future owners and developers
within said area; and
WHEREAS, District, under provisions of its act, did adopt Ordinance
No. 53. said Ordinance providing for the collection. accounting for and disburs-
ing of fees in connection with Special Drainage Area 7-1; and
WHEREAS, City has by its Resolution No.
, adopted
concurred in the establishment of Special Drainage Area 7-1; and
WHEREAS, District Ordinance No. 53, provides that Cities within
Special Drainage Area 7-1 will collect for District any fees required by said
Ordinance at the time City issues its building permit or use permit for any
construction or improvement, within the boundaries of such City; and
WHEREAS, an arrangement is necessary whereby City will collect the
aforesaid fees for District, and District will reimburse City for expense
incurred by City in collecting such fees;
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NOW, THEREFORE, the parties agree as follows:
1. City agrees to collect said fees for District at such time as
City issues a building permit or use permit for construction or improvement of
properties lying within the boundaries of Special Drainage Area 7-1, and which
are within the boundaries of City, such fees to be collected on the basis of
District Ordinance No. 53.
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2. City agrees to submit to District on forms furnished by District,
a statement by the 15th of each month indicating any said collection made during
the previous calendar month. Said statement shall include, but not be limited
to, fees collected, percentage withheld for City's costs of collecting said
fees, and amount due District. One (I) copy of any map or maps or plat that may
-indicate the parcels for which said drainage fees have been collected shall be
submitted with said statements.
3. District agrees that City shall retain one percent (IX) of all
said fees collected for District, as City.s cost of said collection, and City
agrees that said retention shall be final and conclusive costs to District for
all services rendered to District in making said collections.
4. District shall defend, on behalf of the City, any claim or
claims against the City for the refund of any funds or fees collected by the
City pursuant to this Agreement and in the event that the s~id Ordinance No. 53
is held invalid by a Court of competent jurisdiction and the District or the
City is ordered or required to refund any funds collected pursuant to said
Ordinance and this Agreement, District shall make no claim against the City for
any amount or amounts retained by the City as compensation for its services
hereunder.
5. It is agreed that the City shall not be responsible for any
fee or fees which it fails to collect by reason of oversight, neglect or deficiency
in any map or plat submitted to the City or prepared by it and used as a basis
for the computation of the fees provided in Ordinance No. 53 to be collected by
the City or for any other reason whatsoever.
6. City agrees to pay District amounts due District by the 15th of
the month following the month in which any said fees may be ,collected.
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IN WITNESS WHEREOF, District and City have executed these presents
by and through the Chairman of the Board of Supervisors and the City Manager or
Mayor, respectively.
CITY OF DUBLIN
ALAMEDA COUNTY FLOOD CONTROL AND
WATER CONSERVATION DISTRICT
By
By
Approved as to form
Approved as to form
RICHARD J. MOORE, County Counsel
By
Deputy
Ci ty Attorney
ATTEST:
Ci ty Cl erk
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