HomeMy WebLinkAbout2017-11-28 - RESOLUTIONS - WASTEWATER RATES - VISTA CYN (2)RESOLUTION NO. 17-101
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORNIA, ORDERING THE RATES
FOR WASTEWATER USER SERVICE
(VISTA CANYON)
WHEREAS, the City Council (Council) of the City of Santa Clarita (City) adopted a
Resolution to Initiate Proceedings and Calling for a Protest Hearing, related to the Vista Canyon
wastewater user rate; and
WHEREAS, on September 26, 2017, the City approved Harris & Associates' Report for
the Wastewater Service Charges Fiscal Years 2018-19, 2019-20, 2020-21, 2021-22 and 2022-23
which established the rate structure for properties within the Vista Canyon development and
APN 2840-004-009 to be based on the discharge of wastewater into the Los Angeles County
(County's) Wastewater collection system utilizing the typical wastewater discharge rates as
determined by Los Angeles County Sanitation District; and
WHEREAS, the Wastewater user rate for residential parcels is determined based on
estimated discharge of wastewater into the County's Wastewater system based on land use and
includes rates per dwelling unit, and Wastewater user rates for non-residential customers are
calculated as a percentage of single family residences per 1,000 square feet all as more
specifically set forth in Exhibit A, attached hereto; and
WHEREAS, Harris & Associates has, in accordance with Section 5473a of the Health
and Safety Code, prepared and filed with the City Clerk the Wastewater User Rate Report
containing a description of each parcel of real property receiving such services and facilities and
the amount of charge for each parcel; and
WHEREAS, in accordance with Section 5473.1 of the Health and Safety Code, the City
has published and mailed notice of the proposed Wastewater User Rate and of the time and place
of the public hearing; and
WHEREAS, the revenues derived from the proposed wastewater user rate will not exceed
the funds required to provide the wastewater services and shall be used exclusively for the
provision of wastewater services; and
WHEREAS, the amount of the proposed wastewater use rates will not exceed the
proportional cost of the services attributable to each parcel upon which they are proposed for
imposition; and
WHEREAS, the proposed wastewater user rates will not be imposed on a parcel unless
such services are actually used by, or immediately available to, the owner of the parcel or any
tenant directly liable for the payment of such wastewater charges; and
WHEREAS, pursuant to California Constitution article XIII D, section 6 (Article XIII D),
the City provided written notice (Notice) by mail of: (1) the proposed wastewater user rates to the
record owner of each parcel upon which the wastewater services are provided; (2) the amount of
the wastewater user rates proposed to be imposed on each parcel; (3) the basis upon which the
user rates were calculated; and (4) the date time and location of a public hearing (Public Hearing)
on the proposed wastewater user rates; and
WHEREAS, the City provided such Notice not less than forty-five days prior to the
Public Hearing on the proposed wastewater user rates in compliance with Article XIII D; and
WHEREAS, the Hearing was held on this day, November 28, 2017; and
WHEREAS, at the Public Hearing the Council heard and considered all oral testimony,
written materials, and written protests concerning the establishment and imposition of the
proposed wastewater user rates, and at the close of the Public Hearing the City did not receive
written protests against the establishment and imposition of the proposed wastewater user rates
from a majority of the affected property owners.
NOW, THEREFORE, the City Council of the City of Santa Clarita does resolve as
follows:
SECTION 1. The foregoing recitals are true and correct and the Council so finds and
determines. All protests and objections are hereby overruled by the affirmative vote of the
members of the Council voting in favor of the adoption of this Resolution.
SECTION 2. The wastewater user rates established by this Resolution are exempt from
CEQA review under Public Resources Code section 21080(b)(8) and State CEQA Guidelines
section 15273 because the Wastewater charges are necessary and reasonable to fund the
administration, operation, maintenance, and improvements of Vista Canyon wastewater system.
The documents and materials that constitute the record of proceedings on which these findings
have been based are located in the Special Districts Office, 22704 9th Street, Santa Clarita,
California 91321.
SECTION 3. WASTEWATER USER RATES
3.1 The Council has been presented with data showing the estimated reasonable costs of
providing wastewater service and data showing the revenue sources available to recover the costs
of providing wastewater service to the Vista Canyon development and APN 2840-004-009.
3.2 The Council held a duly noticed Public Hearing on this day, November 28, 2017, at
which the Council did not receive a protest from a majority of property owners subject to the
wastewater use rates.
3.3 The Council hereby adopts the wastewater user rates set forth in Exhibit A, attached
hereto. The City hereby imposes and levies a wastewater user rate for the Vista Canyon
development and APN 2840-004-009.
2
SECTION 4. The Wastewater Use Rate Report, copies of which are on file in the Special
Districts Office, is hereby confirmed.
SECTION 5. In the event the City cannot, or does not complete the actions required to
collect the Wastewater service charge against a parcel for a fiscal year on the property tax roll,
the City may collect such Wastewater charge for that year with respect to that parcel by mailing
a bill to the owner of the parcel. Any Wastewater charge billed in this manner shall be due and
payable upon presentation, but no earlier than December 1 of the fiscal year for which the
Wastewater charge is imposed. If a Wastewater charge billed in this manner is not paid within
thirty (30) days of the due date, then on the first day of each calendar month thereafter a late fee
of two (2) percent of the amount of the delinquent Wastewater charge shall be added and become
due. If any such Wastewater charge remains .outstanding at the time the report is prepared for a
subsequent fiscal year, the delinquent Wastewater charge (and accrued late fees) may be
included on such report and collected on the tax roll along with the charges for that fiscal year.
SECTION 6. If any section, subsection, subdivision, sentence, clause, or phrase in this
Resolution or any part thereof is for any reason held to be unconstitutional or invalid, ineffective
by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness
of the remaining portions of this Resolution or any part thereof. The Council hereby declares
that it would have adopted each section irrespective of the fact that any one or more subsections,
subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.
SECTION 7. The City Clerk shall certify as to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this 28th day of November 2017,
MAYOR
ATTEST:
o4t
CITY CLEkR f
DATE: r � (i. /-�
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that foregoing
Resolution No. 17-101 was duly adopted by the City Council of the City of Santa Clarita at a
regular meeting thereof, held on the 28th day of November 2017, by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: Miranda, Weste, McLean, Kellar, Smyth
COUNCILMEMBERS: None
COUNCILMEMBERS: None
rd
�-A Pad=
CITY CLERK
Exhibit A
Wastewater Service Charges
Fiscal Year
Service Charge per EBU
Standby Charge per EBU
2018-19
$
450.46
$
450.46
2019-20
$
472.98
$
472.98
2020-21
$
496.63
$
496.63
2021-22
$
521.46
$
521.46
2022-23
$
547.54
$
547.54
2023-24
$
547.54
$
547.54
2024-25
$
547.54
$
547.54
2025-26
$
547.54
$
547.54
2026-27
$
547.54
$
547.54
2027-28
$
547.54
$
547.54
2028-29
$
547.54
$
547.54
2029-30
$
547.54
$
547.54
2030-31
$
547.54
$
547.54
2031-32
$
547.54
$
547.54
2032-33
$
547.54
$
547.54