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HomeMy WebLinkAboutORD 1248ORD 1248yJHxJì'ORDINANCE NO. 1248 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ENABLING THE CITY COUNCIL TO SET FEES RELATING TO FLOOD CONTROL PROTECTION AND TRAFFIC CONGESTION RELIEF WHEREAS, the City of Baldwin Park desires to maintain a quality of life acceptable to the residents of Baldwin Park; and WHEREAS, the City of Baldwin Park is experiencing population growth at a pace which does not allow for the City to adequately fund construction of flood control facilities and traffic congestion relief devices throughout the City which are required due to the new construction servicing such new population; and WHEREAS, the City of Baldwin Park proposes that the developers of future construction should pay their fair share of the cost of traffic control devices and flood control facilities; and WHEREAS, without this funding the current flood control system throughout the City may be inadequate to control flooding; and WHEREAS, without this funding, vehicular circulation on all public roadways throughout the City will not be as stabilized as it could be; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ORDAINS AS FOLLOWS: Section 1. A new Subchapter 3 shall be added to Chapter 154 of the Baldwin Park Municipal Code to read as follows: Part 3. Flood Control Facilities 154.300 DEPOSIT AND USE OF FEES Fees paid pursuant to this Subchapter shall be deposited into the Flood Control Facilities Fund maintained by the City Treasurer, and shall be used solely for the construction of new flood control facilities as described in the Storm Drain Master Plan. 154.301 PAYMENT OF FEES Except as otherwise provided in this Subchapter. any new development shall pay a flood control facility fee in an amount to be established by resolution of the City Council. BIB] 38401-U01 ORD-U02 1248-U02 LI2-U03 FO8535-U03 FO38917-U03 DO62478-U03 C5-U03 ORDINANCES-U03 2/17/2005-U04 ROBIN-U04 ORD 1248yJHxJì'Ordinance 1248 Page 2 154.302 CREDIT FOR FACILITIES INSTALLED BY DEVELOPER It is the intent of the City Council that the fees established by this Subchapter shall not be duplicative of fees or costs otherwise imposed upon development. The City Engineer shall therefore be responsible for determining if in any particular circumstance, all or part of such fees shall be off-set by the value of any off-site flood control facilities required as a condition of approval of a development. The decision of the City Engineer shall be final. Section 2. A new Subchapter 4 shall be added to Chapter 154 of the Baldwin Park Municipal Code to read as follows: Part 4. Traffic Congestion Relief Facilities 154.400 DEPOSIT AND USE OF FEES Fees paid pursuant to this Subchapter shall be deposited into the Traffic Congestion Relief Facilities Fund maintained by the City Treasurer, and shall be used solely for the construction of new traffic signals and traffic control signs within the City. 154.401 PAYMENT OF FEES Except as otherwise provided in this Subchapter, any new development shall pay a traffic congestion relief facility fee in an amount to be established by resolution of the City Council. 154.402 CREDIT FOR FACILITIES INSTALLED BY DEVELOPER It is the intent of the City Council that the fees established by this Subchapter shall not be duplicative of fees or costs otherwise imposed upon development. The City Engineer shall therefore be responsible for determining if in any particular circumstance, all or part of such fees shall be off-set by the value of any off-site traffic congestion relief facilities required as a condition of approval of a development. The decision of the City Engineer shall be final. Section 3. That the City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of the same to be published in a manner prescribed by law. BIB] 38401-U01 ORD-U02 1248-U02 LI2-U03 FO8535-U03 FO38917-U03 DO62478-U03 C5-U03 ORDINANCES-U03 2/17/2005-U04 ROBIN-U04 ORD 1248yJHxJì'Ordinance 1248 Page 3 th PASSED, APPROVED AND ADOPTED this 5'" day of January, 2005 Mayor / ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF BALDWIN PARK ss. I, Rosemary M. Ramirez, Chief Deputy City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Ordinance 1248 was introduced at a regular meeting of the City Council held December 15, 2004 and was adopted by the City Council at its regular meeting held on January 5, 2005, by the following vote of the Council: AYES: COUNCILMEMBERS: MARLEN GARCIA, DAVID J. OLIVAS, BILL VAN CLEAVE, MAYOR PRO TEM RICARDO PACHECO AND MAYOR MANUEL LOZANO NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None ROSEMAR CHIEF DEPUTY MIREZ, CMC CLERK BIB] 38401-U01 ORD-U02 1248-U02 LI2-U03 FO8535-U03 FO38917-U03 DO62478-U03 C5-U03 ORDINANCES-U03 2/17/2005-U04 ROBIN-U04