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HomeMy WebLinkAboutRes 92-51 and Ord. 653 INTEROFFICE MEMORANDUM CITY OF PALM DESERT TO: City Council and City Manager FROM: Richard J. Folkers, Assistant City Manager/Public Works Director SUBJECT: MASTER DRAINAGE PLAN - 1992 DATE: June 11 , 1992 RECOMMENDATION: ( 1) Approve Resolution No. 9 2-5 1 as amended approving a Master Drainage Plan for the City of Palm Desert and authorizing implementation of said Master Drainage Plan. (2) Approve Ordinance 653 as amended establishing the fees for Zone 1 at $4,000.00, Zone 2 at $1 ,500.00 per acre, and Zone 3 at $1 ,000.00 per acre with an inflation factor tied to the Engineering News Record Construction Index dated January 1992. (3) There is a need to add the anticipated cost for the Mid-Valley Storm Drain Channel ; however, staff recommends negotiating with the Coachella Valley Water District before placing a fee for that facility in Zone 3. (4) That annually the staff will review the fee structure for existing and annexed areas of the city, and staff will recommend to City Council necessary funding requirements. BACKGROUND: This matter was brought to the City Council on June 27, 1991 , at which time the Council set the public hearing date for July 11 , 1991 . In addition to setting the public hearing, Council also reviewed and commented on the plan, and approved staff's request to negotiate with NBS/Lowry consultants for engineering services relative to the review of the annexed areas as well as for staff support for engineering design consultant selection and quality control . During the public hearing on July 11 , 1991 , concern was expressed on a number of issues within the study. As a result of those concerns, staff agreed to arrange a meeting so that all Coachella Valley consulting Firms would have an opportunity to meet with the City's consultant, NBS/Lowry, and City staff. The subject meeting was held on Wednesday, July 31 , 1991 . Comments and discussions covered many aspects, and allowed the City's consultant and the staff to respond to specific issues. Staff feels that the meeting was extremely beneficial resulting in some changes in the study and proposed ordinance. (Continued. . .) City Council and City Manager Page 2 June 11 , 1992 SUBJECT: MASTER DRAINAGE PLAN - 1992 The Master Drainage Plan for the City of Palm Desert dated June 1991 will be changed to a January 1992 date. The study and technical supplement have been on file with the City since June 1991 . These documents have been and are currently available for public review at the Public Works Department. Also, the text will he changed to reflect the fee changes and other appropriate modifications. At the City Council meeting of August 22, 1991 , the matter was continued due to the need for more clarification of the AB 1600 concerns. Various drainage studies have been conducted in 1976, 1977, and 1987; however, since that time, annexations have taken place in the surrounding areas which were not included in the previous study areas. Development of updated drainage fees for Zones 1 , 2, 3, and 4 was examined. The existing fees are $3,200.00 per acre south of the Whitewater flood Control Channel and $4,000.00 per acre north of the Whitewater Flood Control Channel . Ordinance 507, dated July 9, 1987, established the $3,200.00 fee and the $4,000.00 fee. Prior to the 1987 change, the fee north of the Whitewater Flood Control Channel was $4,800.00. The average fee for the entire study area based on the NBS/Lowry Master Drainage Study is over $8,000.00 per acre for total assessable acre; however, this cost is too high and the staff has recommended a more realistic schedule. There were several factors that supported the justification for the total fee recommended at that time. They included, first and foremost, the cost of drainage improvements and deficiency correction that is reasonably related to potential new development or redevelopment in the city and its sphere of influence. It is also our view that a component of the fee related to new development should pay the cost of drainage impacts on a citywide basis. As in the case of traffic signal and lighting improvements, developers pay a fee for citywide needs. The City and the Redevelopment Agency using their funds, as well as developer fees, have spent approximately $44 million to provide drainage facilities to safeguard the residents and visitors as well as property protection (See Exhibit "A") . Assuming existing development consists of 10,500 acres, this would translate into an equivalent per acre assessment of $4, 190.00 for drainage facilities provided to date. The size of the storm drains shown in this plan and their costs are developed as shown in the engineering report/appendix. Further, it is noted that the following facts were taken into account when the per-acre fee was calculated. (Continued . . . ) City Council and City Manager Page 3 June 11 , 1992 SUBJECT: MASTER DRAINAGE PLAN - 1992 1 ) Existing developed lands have contributed approximately $4, 190.00 per acre to develop the existing drainage facilities which serve those developments. This figure is based upon the total value of $44,000,000 for the existing improvements and 10,500 acres of developed land. 2) That an indirect, or citywide benefit, accrues to each and every property within the City of Palm Desert because of the installation of the storm drain facilities. This is due to the fact that access to all property is maintained free from flooding and that other properties which serve the needs of the newly developed land are also maintained free from flooding. Looking at the cost of the drainage deficiencies, we have taken into account the cost of planning, engineering, administration, and right-of- way, as well as construction cost contingencies, as the citywide component of this fee; therefore, the new land development would pay their fair share of this portion and that money could be utilized on a citywide basis in the development of our implementation of the Master Plan of Drainage regardless of the drainage area or zone where development occurs. The greatest needs identified, based on deficiencies noted in this Master Plan, are where those funds could be applied on a priority basis. Staff has worked with the consultant to develop a priority list for drainage facility construction (See Exhibit "B") . The estimated cost to construct the six (6) highest priority facilities is over $11 million. The Mid Valley Storm Drain Channel is considered a local responsibility. The cost of $16 million for construction can be reduced slightly by Q 100 on site retention by future development within the drainage area, but it will still have to be constructed to handle storm waters from Rancho Mirage, Cathedral City, and the County of Riverside. Zone 4 is located in the County of Riverside at this time and is not in our sphere of influence so that aspect could be dropped from any consideration within this study. As you will recall , the fees that were recommended as part of the Master Plan in the summer of 1991 were in the amounts of $4,800.00 in Zones 1 and 2, and $5, 190.00 in Zones 3 and 4 and are well below the calculated $8,000.00 per acre and in the range of the cost based purely on inflation by indexing our current fee schedule. (Continued . . . ) City Council and City Manager Page 4 June 11 , 1992 SUBJECT: MASTER DRAINAGE PLAN - 1992 The following are six scenarios that could he considered For financing the shortfall . * Adopt the new fee schedule and construct only the six priority projects (Exhibit "B") at a cost of approximately $11 million. * Adopt the new fee schedule and use RDA funds for construction of the six priority projects. * Attempt to spread the $8, 120.00 per acre fee for the $50,099,433 cost over 6, 170 undeveloped acres. In the recent litigation brought against the City of Rancho Mirage by the B. I .A. , the base of the lawsuit was the contention that Rancho Mirage did not follow the AB 1600 requirements in setting fees. The Palm Desert City staff along with the City Attorney had serious concerns regarding this storm drainage plan update following all legal requirements. This approach would tend to compromise our legal position. • Have the City's consultant do further engineering to precisely calculate the drainage impact and mitigation costs for affected new development for each segment. • Continue to collect the current drainage fees in Zones 1 and 2 and use the development agreement negotiating process to collect in newly annexed areas or areas not covered by existing study areas. As a result of the above discussion, the Public Works staff recommends the following fee structure: a) The drainage fee for Zone 1 he increased From $3,200.00 to $4,000.00 per acre. b) The drainage fee for Zone 2 he reduced From $4,000.00 to $1 ,500.00 per acre. c) The drainage fee for Zone 3 he established at $1 ,000.00. d) Zone 4, which is entirely in the County, could be established at $1 , 100.00, but since it is not currently in the City of Palm Desert's sphere of influence, any references to it should he dropped. All of these costs should be indexed to the ENR 20 Cities Index for January 1 , 1992. (Continued . . . ) City Council and City Manager Page 5 June 11 , 1992 SUBJECT: MASTER DRAINAGE PLAN - 1992 Government Code Considerations: Government Code Section 66001 (A & B) requires that the local agency, in any action establishing, increasing or imposing a fee as a condition of approval of a development project, shall do all of the following: A: ( 1) identify the purpose of the fee. (2) Identify the use to which the fee is to be put. If the use is financing public facilities, the facilities shall he identified. That identification may, but need not, be made by reference to a capital improvement plan as specified in Seciton 65403 or 66002, may be made in applicable general or specific plan requirements, or may he made in other public documents that identify the public facilities for which the fee is charged. (3) Determine how there is a reasonable relationship between the fee's use and the type of development project on which the fee is imposed. (4) Determine how there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed. B: The local agency shall determine how there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attributable to the development on which the fee is imposed. The purpose of the fee and the use to which the fee is to be put is to provide a mechanism for the funding and construction of Master Plan Storm Drain facilities. These are clearly identified within the Master Drainage Plan dated, proposed Ordinance No. 653, and proposed Resolution No. 91-91 . There is a resonahle relationship between the fee's use/need for the public facilities (storm drains) and the types of development projects on which the fee is imposed based upon the fact that the engineering report dated January 1992, along with its technical appendix, show that the various types of development contemplated by the City of Palm Desert in its General Plan and zoning ordinance are taken into account when calculations of the amount of storm runoff are made. Further, the report and its technical appendix demonstrate that the proposed fee is related only to the storm drain facilities that are necessarily related to potential new development in the City of Palm Desert. (Continued . . . ) City Council and City Manager Page 6 June 11 , 1992 SUBJECT: MASTER DRAINAGE PLAN - 1992 The report, as well as the technical appendix, related thereto have established that there is a reasonable relationship between the amount of the fee and the cost of the public facility attributable to a given development on which the fee is imposed by analyzing the development types as identified with the City's General Plan and zoning ordinance. This analysis is as presented in the previous discussion. Staff rec nnrends the City Council approve the following: ( 1) Resolution No. 9 2-5 1as amended approving a Master Drainage Plan for the City of Palm Desert and authorize implementation of said Master Drainage Plan. (2) Approve Ordinance 653 as amended establishing the fees for Zone 1 at $4,000.00, Zone 2 at $1 ,500.00 per acre, and Zone 3 at $1 ,000.00 per acre with an inflation factor tied to the Engineering News Record Construction Index dated January 1 , 1992. (3) There is a need to add the anticipated cost for the Mid-Valley Storm Drain Channel ; however, staff recommends negotiating with the Coachella Valley Water District before placing a fee for that facility in Zone 3. (4) That annually the staff will review the fee structure for existing and annexed areas of the city, and staff will recommend to City Council necessary funding requirements. RICHA D J. FOLi P.E. REVIEWED AND CONCUR CITY MANAGER 9a, REVIEWED AND CONCUR DIRECTOR OF FINANCE RJF/ms Attachments CITY COUNCIL ACTION: APPROVED DENIED RECEIVED OTHER MEETING DATE L�_ \ark AYES ABSENT: ABSTAIN: VERIFIED BY:. Original on File w" 7 Ci Clerk' s Office RESOLUTION NO. 91-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A MASTER DRAINAGE PLAN FOR THE CITY OF PALM DESERT AND AUTHORIZING IMPLEMENTATION OF SAID MASTER DRAINAGE PLAN. WHEREAS, in May of 1990, the City Council authorized NBS/Lowry, Incorporated, to develop a citywide master drainage plan studying both the incorporated areas of the city and its spheres of influence; and WHEREAS, the City Council did on the 11th day of July, 1991, hold a duly noticed public hearing and a continued public hearing on the 23rd day of January, 1991, in order to consider said citywide master drainage plan; and WHEREAS, after considering testimony and arguments presented at the public hearing, the City Council found that the following facts and reasons justify approval of the drainage plan. 1. The City's growth requires an updated citywide master drainage plan. 2. The proposed drainage plan expands and modifies the results of previous studies, and provides a means of coordinating drainage aspects of pending developments and also creates a mechanism for evaluating the impact of storm water runoff. 3. The proposed drainage plan is consistent with the goals, objectives, and policies of the City's general plan, its current zoning and land use regulations, and modern engineering practice. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: 1. That the 1992 citywide master drainage plan prepared by NBS/Lowry, and described above, is hereby approved and adopted for the reasons set forth in this resolution. 2. Immediate implementation of said master drainage plan is necessary to ensure a comprehensive and sufficiently funded program for the development of adequate drainage facilities to serve the city and its spheres of influence. 3. Funding sources for completion of the citywide master plan will be established as part of the budget process. 4. The City may impose additional or reduced fees on a case-by-case basis where a need for such additonal or reduced fee is demonstrated as required by Government Code Section 66001. 1 • r- ORDINANCE NO. 653 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 26.49.050 OF THE PALM DESERT MUNICIPAL CODE RELATING TO DRAINAGE FEES. WHEREAS, Section 26.49.050 of the Palm Desert Municipal Code provides for drainage fees by area, as authorized by Section 66483 of the Government Code; and WHEREAS, changes in construction costs have occurred since drainage fees were last adjusted by the City Council on the 9th day of July, 1987; and WHEREAS, notice of the public hearing at which this ordinance is considered has been given accordance with Government Code Section 66016(a). NOW THEREFORE, the City Council of the City of Palm Desert, California, DOES ORDAIN as follows: SECTION 1: The City Council finds and determines as follows: a. The amount of the drainage fees adopted pursuant to this ordinance does not exceed the estimated cost of providing the services for which the fees are imposed. b. The subdivision and development of property within the City's drainage areas will require construction of the facilities described in the City's master drainage plan. c. The fees recommended by the master drainage plan, which was adopted by the City Council on the 23rd day of January, 1991, are fairly apportioned within the City's drainage areas both on the basis of benefits conferred on property proposed for subdivision and on the need for such facilities created by the proposed subdivision and development of other property within such areas. d. The City Council makes these findings based on the estimated cost of constructing the facilities for which such drainage fees are imposed and that, in accordance with Government Code Section 66016(a), this data has been on file for at least 10 days prior to the public hearing at which this ordinance is considered. SECTION 2: That Section 26.49.050 of the Palm Desert Municipal Code be amended to provide as follows: "26.49.050 Establishment of' Off-site Drainage Fees. There is hereby established on off-site drainage fee of four thousand dollars ($4,000) per acre for land in the areas of the City designated as Zone 1, one thousand five hundred dollars ($1,500), in Zone 2 by the City's master drainage plan, which is incorporated herein by this reference. 1 EXHIBIT "A" LIST OF STORM DRAIN PROJECTS AND COSTS : NO. PROJECT ENGINEERING CONSTRUCTION TOTAL COST 1 . PALM VALLEY CHANNEL (1983) $20 , 000 , 000 . 00 2 . PORTOLA AVENUE $13 , 000 , 000 . 00 3 . NORTH PORTOLA $2 , 500 , 000 . 00 4 . FRED WARING DRIVE (1985) $1 , 200 , 000 . 00 5 . MONTEREY AVENUE $17 , 651 . 70 $176 , 517 . 00 $194 , 168 . 70 6 . HOMESTEAD ROAD $51 , 300 . 00 $513 , 000 . 00 $564 , 300 . 00 7 . MESA VIEW TRACT 24254 (HOVLEY LANE) $42 , 500 . 00 $425 , 000 . 00 $467 , 500 . 00 TRACT 13008 (MESA VIEW) $20 , 000 . 00 $200 , 000 . 00 $220 , 000 . 00 TRACT 22111 (MONTERRA) $66 , 500 . 00 $665 , 000 . 00 $731 , 500 . 00 8 . JOSHUA ROAD PHASE 3 $1 , 500 , 000 . 00 9 . SAN PASUCAL (1980) $22 , 121 . 50 $221 , 215 . 00 $243 , 336 . 50 10 . PALMA VILLAGE $2 , 154 , 999 . 00 11 . SAN PASCUAL (SOUTH TO CATALINA) $4 , 715.70 $47 , 157 .00 $51 , 872 .70 12 . JOSHUA ROAD PHASE 2 $2 , 549 . 40 $25 , 494 . 00 $28 , 043 . 40 13 . DEEP CANYON ROAD OUTLET $4 , 626 . 40 $46 , 264 . 00 $50 , 890 . 40 14 . PORTOLA AVENUE CULVERT $45, 800 . 00 $458 , 000 . 00 $503 , 800 . 00 15 . SILVER SPUR $8 , 538 . 30 $85, 383. 00 $93 , 921 . 30 16 . HAYSTACK/PORTOLA (PENING) $6 , 100 . 00 $61 , 000 . 00 $67 , 100 . 00 17 . FRED WARING (PORTOLA TO FLORINE) $9 , 400 . 00 $94 , 000 .00 $103 , 400. 00 TOTAL COST $43 , 674 , 832 . 00 /lw/11-8-91 _ HI [ T RECOMMENDED PRIORITY UST PRIORITY DESCRIPTION 1 Deficiency: The inability of the Fred Waring storm drain to convey runoff generated along Highway 74 north of Grapevine Street to Fred Waring Drive. Recommendation: Install Unes 1-9 through 1-12 to convey the runoff flowing down Monterey Avenue to the Whitewater Channel, thus bypassing the Fred Waring Drive storm drain. 2 Deficiency: Lack of storm drain facilities to divert runoff generated in Drainage Area #3 and #4 from passing into Indian Wells. Recommendation: Install Une 3-1,Une 4-1, line 4-2, and Une 4-3 to convey this runoff to the Whitewater Channel. 3 Deficiency: Lack of sufficient drainage facilities between El Paseo and Highway 111 from Lupine Lane to San Luis Rey Avenue. Recommendation: Install a series of pipes and catch basins to collect and convey runoff north to the existing Une 1-4 located in the north frontage road of Highway 111. 4 Deficiency: Lack of storm drain interceptors on Highway 74 to divert flows to the Palm Valley Channel, south of El Paseo in Drainage Area #1A Recommendation: Install four interceptor systems located along Highway 74 south of El Paseo, Lines 1A-3 through 1A-6 5 Deficiency: Cook Street's inability to convey runoff generated in Drainage Area # 6 to the Whitewater Channel. Recommendation: Install Line 6-1 through 6-4 within this area will sufficiently convey runoff to the Whitewater Channel. 6 Deficiency: Lack of drainage facilities in Deep Canyon Road north of Fred Waring Drive. Recommendation: Install Line 3-4 to convey runoff generated within the interior streets west Deep Canyon Road to the Whitewater Channel. 27 . ....... ,. ,• , , • . • ... . . 4 __ _• _ ______I I 4,g,ift.r. 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E...G.ENDuDy IPo wRY , PALM SPRINGS RIDGE LINE ENGINEERS&PLANNERS .••,•---,C011/"'" 2"---- r-, ' ORDINANCE NO. 653 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 26 . 49. 050 OF THE PALM DESERT MUNICIPAL CODE RELATING TO DRAINAGE FEES. WHEREAS, section 26. 49. 050 of the Palm Desert Municipal Code provides for drainage fees by area, as authorized by section 66483 of the Government Code; and WHEREAS, changes in construction costs have occurred since drainage fees were last adjusted by the city council on July 9, 1987 ; and WHEREAS, notice of the public hearing at which this ordinance is considered has been given in accordance with Government Code section 66016 (a) . NOW, THEREFORE, the city council of the City of Palm Desert, California, DOES ORDAIN as follows: SECTION 1: The city council finds and determines as follows: a. The amount of the drainage fees adopted pursuant to this ordinance does not exceed the estimated cost of providing the services for which the fees are imposed. b. The subdivision and development of property within the City' s drainage areas will require construction of the facilities described in the City' s master drainage plan. c. The fees recommended by the master drainage plan, which was adopted by the city council on July 11, 1991, are fairly apportioned within the City' s drainage areas both on the basis of benefits conferred on property proposed for subdivision and on the need for such facilities created by the proposed subdivision and development of other property within such areas. d. The city council makes these findings based on the estimated cost of constructing the facilities for which such drainage fees are imposed and that, in accordance with Government Code section 66016 (a) , this data has been on file for at least 10 days prior to the public hearing at which this ordinance is considered. MSR13180 1. , , ORDINANCE NO. 653 • SECTION 2 : That Section 26.49.050 of the Palm Desert Municipal Code be amended to provide as follows: "26.49 . 050 Establishment of Off-site Drainage Fees. There is hereby established an off-site drainage fee of four thousand, eight hundred dollars ($4, 800) per acre for land in the areas of the City designated as Zone 1 and Zone 2 by the City' master drainage plan, which is incorporated herein by this reference. There also is established an off-site drainage fee of five thousand, one hundred and ninety dollars ($5, 190) per acre for land in the areas of the City designated as Zone 3 and Zone 4 by the City's master drainage plan. The amount of fee shall be calculated on full and partial acres, carried to the nearest 100th of a percentage. In the case of land to be subdivided, the fee shall apply for any and all uses to which the land may be put. In the case of construction or improvement of subdivided land, the fee shall apply only to new commercial, industrial, professional, group dwelling, or community facility use (see Section 25. 56. 080 of this code) . Said fees shall be collected, deposited, and expended pursuant to Section 66483 of the Government Code of the State of California and all other applicable laws of the State of California. All necessary drainage fees established by the City of Palm Desert shall be deposited with the City prior to approval of the final map in the case of land being subdivided, or prior to issuance of a building permit in the case of construction or improvement of subdivided land. The City shall have the right, in lieu of accepting cash, to accept any other proper and valid consideration as may be determined by the City. " SECTION 2 : The city clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published once in the Palm Desert Post, a newspaper of general circulation, printed, published, and circulated within the City of Palm Desert, and the fees imposed by this ordinance shall become effective sixty (60) days after its adoption. PASSED, APPROVED, and ADOPTED on the day of 1991, by the city council of the City of Palm Desert, California, by the following vote, to wit: AYES: NOES: ABSENT: MSR13180 2. y t ABSTAIN: WALTER H. SNYDER, Mayor City of Palm Desert, California ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California MSR13180 3.