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HomeMy WebLinkAbout1999-05-25 - AGENDA REPORTS - N VALENCIA I PROP 218 ELECT (2)PUBLIC HEARING DATE: SUBJECT: DEPARTMENT: CITY OF SANTA CLARITA AGENDA REPORT City Manager Approval: Item to be presented by: May 25, 1999 PROPOSITION 218 ELECTION FOR STORMWATER FEE — NORTH VALENCIA I (NEWHALL LAND & FARMING COMPANY) Planning & Building Services RECOMMENDED ACTION City Council conduct public hearing, considering all written protests to the proposed fee. Conduct election of the property owners to confirm the imposition of the fee. BACKGROUND In November 1996, California voters passed Proposition 218 — The Right to Vote on Taxes Act. As a result, the City must conduct a majority protest hearing and a ballot election for each area annexed in to the City in order to impose the stormwater fee on these parcels. On March 16, 1998, the North Valencia I annexation was completed. The annexed parcels include 86 parcels; of which, Newhall Land & Farming, and its subsidiary Valencia Company, own a total of 14 parcels. It is possible for the property owner to waive their procedural rights to which he is entitled under Proposition 218, including the time requirements for conducting public hearings. Newhall Land & Farming Company and Valencia Company have submitted waivers and ballots, indicating their approval of the imposition of a stormwater fee on the property. Environmental Services staff have worked closely with the City Attorney to ensure that the election is conducted properly and all notices and documentation have been correct. ALTERNATIVE ACTIONS 1. No other alternatives have been identified by staff. 2. Other action as determined by Council. FISCAL IMPACT The anticipated revenue from these parcels is $4,686.96. j ,M» (. k;1 ATTACHMENTS ♦ Waiver of Certain Procedures relating to the City of Santa Clarita Storm Drainage Utility Services in Connection with the Annexation to the City of Santa Clarita. ♦ Notice of Public Hearing and Mailed Ballot Election Information ♦ Ballot JCG:ch S:\PBS\ENVSRVCS\COUNCIL\NPDESWnirpt.da WAIVER OF CERTAIN PROCEDURES RELATING TO THE CITY OF SANTA CLARITA STORM DRAINAGE UTILITY SERVICES IN CONNECTION WITH THE ANNEXATION TO THE CITY OF SANTA CLARITA The Honorable Mayor and Members of the City Council City of Santa Clarita 23920 Valencia Blvd., Ste. 300 Santa Clarita, CA 91355-2196 Honorable Mayor and Councilmembers: The undersigned are the sole owners of the real property described on Exhibit A (the "Property"), attached hereto and incorporated herein by this reference, located within the area recently annexed to the City of Santa Clarita (the "City"), and we hereby agree as follows: 1. We acknowledge and understand that pursuant to California Constitution Article XIIIC, Section 6, we have a right to the following: a. We have the right to 45 days prior written notice of a public hearing to be held by the City Council to consider the imposition of a proposed stormwater drainage services fee, such notice to include: 1. The amount of the proposed stormwater drainage services fee to be imposed upon each parcel of land; 2. The basis upon which the amount of the proposed fee was calculated; 3. The reason for the fee; and 4. The date, time and location of the public hearing on the proposed fee. b. We have a right to submit at the public hearing a protest against the proposed stormwater drainage services fee. C. We have the right to vote in an election on the imposition of the proposed stormwater drainage services fee to be held not sooner than 45 days after the public hearing. It being our intention that the City proceed as quickly as possible with the imposition of the stormwater drainage services fee, we waive all otherwise applicable times for the conduct by you of the public hearing and the election to order the levy of the stormwater drainage services fee. 3. In furtherance of said waiver, we agree that said public hearing and election proceedings may be consolidated and that said election may be conducted by mailed or hand -delivered ballot to be returned as quickly as possible to the office of the City Clerk of the City of Santa Clarita and that the results of said election be canvassed and reported to you as soon as possible. Respectfully submitted, VALENCIA COMPANY By: r JAWS R. WHEELER Title: Sr. Vice President Filed in the Office of the City Clerk on 019'( 1 �P. , 1999. By: .=�" Sharon Dawson, City Clerk S:TBSEWSR V CS W PDESMALCO.DOC EXHIBIT "A" ASSESSOR PARCEL NUMBERS 2866-007-032 2866-007-044 City of Santa Clarita, California NOTICE OF A PUBLIC HEARING AND MAILED BALLOT ELECTION INFORMATION RELATING TO: SANTA CLARITA STORMWATER DRAINAGE SERVICES FEE Dear Property Owner: Public Hearin NOTICE IS HEREBY GIVEN THAT ON THE 25th DAY OF MAY 1999, AT THE HOUR OF 6:30 P.M. IN THE COUNCIL CHAMBERS OF THE CITY COUNCIL IN THE CITY HALL, 23920 VALENCIA BOULEVARD, SANTA CLARITA, CALIFORNIA, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA WILL CONDUCT A PUBLIC HEARING AT WHICH ANY AND ALL PERSONS HAVING OBJECTIONS TO THE IMPOSITION OF THE STORMWATER DRAINAGE SERVICES FEE MAY APPEAR AND SHOW CAUSE WHY SAID FEE SHOULD NOT BE SUBMITTED TO THE QUALIFIED ELECTORS FOR A VOTE. THE CITY COUNCIL SHALL CONSIDER ALL ORAL TESTIMONY AND WRITTEN PROTESTS. WRITTEN PROTESTS MUST BE FILED WITH THE CITY CLERK PRIOR TO THE CONCLUSION OF THE PUBLIC HEARING. IF A MAJORITY PROTEST IS NOT HAD, THE CITY COUNCIL WILL CANVASS THE BALLOTS CAST BY THE QUALIFIED ELECTORS. Land owned by you, or in which you have an interest, is within the lands proposed to be assessed to pay the Stormwater Drainage Services Fee as described in this notice. Therefore, the City Council of the City of Santa Clarita (the "City Council") has called a Ballot Proceeding for the imposition of the Stormwater Drainage Services Fee. This is an all -mailed or personal delivery ballot proceeding, and the ballots are being mailed or personally delivered to the persons or entities listed on the Los Angeles County Assessor's latest equalized assessment roll, as updated by information known to the City of Santa Clarita (the "City") and the County of Los Angeles. The ballots are being distributed based on the names and addresses designated on the assessment roll or as otherwise updated. Any parcels with a common name and address were combined for voting purposes. Every holder of title to land situated within the area wherein the Stormwater Drainage Services Fee is proposed to be levied as of April 19, 1999, or his or her legal representative is entitled to cast a ballot. Each qualified property owner has been issued one ballot which entitles that property owner to vote his or her total number of parcels. Reason for the Fee The City is required to undertake an extensive program to improve the water quality of its runoff under the National Pollution Discharge Elimination System (NPDES) permitting process. All properties in the City benefit from the existence of the City's storm drainage system because these properties contribute storm and surface water runoff to the City's storm drainage system as a result of impervious and semi -pervious nature of the property. Existing City funds and funding sources are insufficient to fund the identified needs for operation and maintenance of the storm drainage system. Municipalities are authorized under California Government Code Section 54300 (the State Revenue Bond Law of 1941) to establish fees and charges for funding storm drainage improvements and the operation and maintenance thereof. Fees for storm drainage maintenance and improvements are also authorized under the California Health and Safety Code, section 5471. Feasibility studies indicated that a need exists for additional funding for the Stormwater Management Plan of the City and that the establishment of a storm drainage utility enterprise with user fees and charges is the most equitable method of providing this funding. Cost of Maintenance The total estimated cost for Fiscal Year 1998-99 for the Stormwater Program is $2,170,000. The proposed assessment on your parcel(s) is set forth on the included ballot. See your ballot for the specific amount assessed against your property. Basis of Fee Calculation The annual storm drainage system charge to be billed to each parcel shall be based on the following formula: 1. Annual charge per DRU shall not exceed $24.00 2. Annual user charge fiscal year 98/99 per parcel shall be: Annual charge = $21.00 x number of DRU for parcel (Parcel Area in Square Feet) x (Parcel Runoff Factor) = DRU .0637 The amount of the charge imposed on a parcel shall at no time exceed the proportional cost of the stormwater program attributable to the parcel. Ballot Procedure At any time prior to the time set for the public hearing, any property owner liable to be assessed under the proposed fee may submit a written ballot in favor of or against the proposed fee. Ballots must contain a description of the property in which the property owner is interested sufficient to identify the property, and, if the signers are not shown on the last equalized assessment roll as the owners of the property, the ballot must also contain, or be accompanied by, written evidence that the signers are the owners of the property. If more than one-half (1/2) of the ballots are submitted against the proposed fee, the City Council shall not impose the fee. Proceedings Inquiries For additional information relating to the annexation you may contact Jeanne Geno at (661) 286-4133, or the City of Santa Clarita, Environmental Services Division, 23920 Valencia Boulevard, Santa Clarita, California 91355. Instructions to Ballot Recipients 1. Vote your official ballot by placing a mark in the voting square opposite your choice with a pen or pencil. 2. If you tear your ballot or make an error in voting, you may secure another by surrendering the ballot you spoiled, in person or by mail, at the address below, or by executing an affidavit to the effect that you lost your ballot, and you will be given another ballot. 3. Your completed ballot must be returned before the close of the public hearing scheduled for 6:50 p.m. on May 25, 1999, to the office of the City Clerk of the City of Santa Clarita at 23920 Valencia Boulevard, Santa Clarita, California 91355. Ballots received after the close of the public hearing will not be considered. YOU WILL RECEIVE ONLY ONE BALLOT, BUT THAT BALLOT MAY HAVE A VALUE OF MORE THAN ONE VOTE. DATED: s-/ / a /5)9 Sharon Dawson, City Clerk of The City of Santa Clarita, California BALLOT CITY OF SANTA CLARITA, CALIFORNIA SANTA CLARITA STORMWATER DRAINAGE SERVICES FEE BALLOT PROCEEDING May 25, 1999 Parcel No(s): 2866-007-032 2866-007-044 Record Owner: Valencia Company Address: 23823 Valencia Blvd., Santa Clarita, California 91355 Proposed Fee Formula: (Parcel Area in Square Feet) x (Parcel Runoff Factor) = DRU 0637 Annual charge = $21.00 x number of DRU for parcel (DRU shall not exceed $24.00) 98/99 Proposed Fee: $103.92 This ballot represents two (2) votes. To vote, place a mark in the voting square after the word "YES" or after the word "NO." If you wrongly mark, tear, or deface this ballot, return it to the City Clerk as the election official and obtain another. STORMWATER DRAINAGE SERVICES FEE: Shall the / City of Santa Clarita be authorized to impose upon the Yes parcel(s) set forth on this ballot a Stormwater Drainage Services fee up to but not exceeding $24.00, as provided No ❑ in the City Council of the City of Santa Clarita's Resolution No.98-43, including the amount to be assessed on the parcel(s) set forth on this ballot, to pay for authorized public improvements and maintenance thereof. SIGNATURE OF PROPERTY OWNER UNSIGNED BALLOTS WILL NOT BE COUNTED JCG:ch S:\PBS\ENVSRVCS\NPDES2\v.1c.1 DOC OF CERTAIN PROCEDURES RELATING TO THE CITY OF SANTA CLARITA STORM DRAINAGE UTILITY SERVICES IN CONNECTION WITH THE ANNEXATION TO THE CITY OF SANTA CLARITA The Honorable Mayor and Members of the City Council City of Santa Clarita 23920 Valencia Blvd., Ste. 300 Santa Clarita, CA 91355-2196 Honorable Mayor and Councilmembers: The undersigned are the sole owners of the real property described on Exhibit A (the "Property"), attached hereto and incorporated herein by this reference, located within the area recently annexed to the City of Santa Clarita (the "City"), and we hereby agree as follows: 1. We acknowledge and understand that pursuant to California Constitution Article XIIIC, Section 6, we have a right to the following: a. We have the right to 45 days prior written notice of a public hearing to be held by the City Council to consider the imposition of a proposed stormwater drainage services fee, such notice to include: 1. The amount of the proposed stormwater drainage services fee to be imposed upon each parcel of land; 2. The basis upon which the amount of the proposed fee was calculated; 3. The reason for the fee; and 4. The date, time and location of the public hearing on the proposed fee. b. We have a right to submit at the public hearing a protest against the proposed stormwater drainage services fee. C. We have the right to vote in an election on the imposition of the proposed stormwater drainage services fee to be held not sooner than 45 days after the public hearing. It being our intention that the City proceed as quickly as possible with the imposition of the stormwater drainage services fee, we waive all otherwise applicable times for the conduct by you of the public hearing and the election to order the levy of the stormwater drainage services fee. 3. In furtherance of said waiver, we agree that said public hearing and election proceedings may be consolidated and that said election may be conducted by mailed or hand -delivered ballot to be returned as quickly as possible to the office of the City Clerk of the City of Santa Clarita and that the results of said election be canvassed and reported to you as soon as possible. Respectfully submitted, NEWHALL LAND AND FARMING COMPANY 914\ ByJAWS K. WHEELER Title: Sr. Vice President Filed in the Office of the City Clerk on VO A( 12 , 1999. By: Sharon Dawson, City Clerk EXHIBIT "A" ASSESSOR PARCEL NUMBERS 2811-001-136 2811-001-059 2811-001-061 2811-001-119 2811-001-121 2811-002-002 2811-002-040 2811-002-044 2811-002-051 2866-007-042 2866-018-141 2811-001-120 City of Santa Clarita, California NOTICE OF A PUBLIC HEARING AND MAILED BALLOT ELECTION INFORMATION RELATING TO: SANTA CLARITA STORMWATER DRAINAGE SERVICES FEE Dear Property Owner: Public Hearin NOTICE IS HEREBY GIVEN THAT ON THE 25th DAY OF MAY 1999, AT THE HOUR OF 6:30 P.M. IN THE COUNCIL CHAMBERS OF THE CITY COUNCIL IN THE CITY HALL, 23920 VALENCIA BOULEVARD, SANTA CLARITA, CALIFORNIA, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA WILL CONDUCT A PUBLIC HEARING AT WHICH ANY AND ALL PERSONS HAVING OBJECTIONS TO THE IMPOSITION OF THE STORMWATER DRAINAGE SERVICES FEE MAY APPEAR AND SHOW CAUSE WHY SAID FEE SHOULD NOT BE SUBMITTED TO THE QUALIFIED ELECTORS FOR A VOTE. THE CITY COUNCIL SHALL CONSIDER ALL ORAL TESTIMONY AND WRITTEN PROTESTS. WRITTEN PROTESTS MUST BE FILED WITH THE CITY CLERK PRIOR TO THE CONCLUSION OF THE PUBLIC HEARING. IF A MAJORITY PROTEST IS NOT HAD, THE CITY COUNCIL WILL CANVASS THE BALLOTS CAST BY THE QUALIFIED ELECTORS. Land owned by you, or in which you have an interest, is within the lands proposed to be assessed to pay the Stormwater Drainage Services Fee as described in this notice. Therefore, the City Council of the City of Santa Clarita (the "City Council") has called a Ballot Proceeding for the imposition of the Stormwater Drainage Services Fee. This is an all -mailed or personal delivery ballot proceeding, and the ballots are being mailed or personally delivered to the persons or entities listed on the Los Angeles County Assessor's latest equalized assessment roll, as updated by information known to the City of Santa Clarita (the "City") and the County of Los Angeles. The ballots are being distributed based on the names and addresses designated on the assessment roll or as otherwise updated. Any parcels with a common name and address were combined for voting purposes. Every holder of title to land situated within the area wherein the Stormwater Drainage Services Fee is proposed to be levied as of April 19, 1999, or his or her legal representative is entitled to cast a ballot. Each qualified property owner has been issued one ballot which entitles that property owner to vote his or her total number of parcels. Reason for the Fee The City is required to undertake an extensive program to improve the water quality of its runoff under the National Pollution Discharge Elimination System (NPDES) permitting process. All properties in the City benefit from the existence of the City's storm drainage system because these properties contribute storm and surface water runoff to the City's storm drainage system as a result of impervious and semi -pervious nature of the property. Existing City funds and funding sources are insufficient to fund the identified needs for operation and maintenance of the storm drainage system. Municipalities are authorized under California Government Code Section 54300 (the State Revenue Bond Law of 1941) to establish fees and charges for funding storm drainage improvements and the operation and maintenance thereof. Fees for storm drainage maintenance and improvements are also authorized under the California Health and Safety Code, Section 5471. Feasibility studies indicated that a need exists for additional funding for the Stormwater Management Plan of the City and that the establishment of a storm drainage utility enterprise with user fees and charges is the most equitable method of providing this funding. Cost of Maintenance The total estimated cost for Fiscal Year 1998-99 for the Stormwater Program is $2,170,000. The proposed assessment on your parcel(s) is set forth on the included ballot. See your ballot for the specific amount assessed against your property. Basis of Fee Calculation The annual storm drainage system charge to be billed to each parcel shall be based on the following formula: 1. Annual charge per DRU shall not exceed $24.00 2. Annual user charge fiscal year 98/99 per parcel shall be: Annual charge = $21.00 x number of DRU for parcel (Parcel Area in Square Feet) x (Parcel Runoff Factor) = DRU .0637 The amount of the charge imposed on a parcel shall at no time exceed the proportional cost of the stormwater program attributable to the parcel. Ballot Procedure At any time prior to the time set for the public hearing, any property owner liable to be assessed under the proposed fee may submit a written ballot in favor of or against the proposed fee. Ballots must contain a description of the property in which the property owner is interested sufficient to identify the property, and, if the signers are not shown on the last equalized assessment roll as the owners of the property, the ballot must also contain, or be accompanied by, written evidence that the signers are the owners of the property. If more than one-half (1/2) of the ballots are submitted against the proposed fee, the City Council shall not impose the fee. Proceedings Inquiries For additional information relating to the annexation you may contact Jeanne Geno at (661) 256-4133, or the City of Santa Clarita, Environmental Services Division, 23920 Valencia Boulevard, Santa Clarita, California 91355. Instructions to Ballot Recipients 1. Vote your official ballot by placing a mark in the voting square opposite your choice with a pen or pencil. 2. If you tear your ballot or make an error in voting, you may secure another by surrendering the ballot you spoiled, in person or by mail, at the address below, or by executing an affidavit to the effect that you lost your ballot, and you will be given another ballot. 3. Your completed ballot must be returned before the close of the public hearing scheduled for 6:30 p.m. on May 25, 1999, to the office of the City Clerk of the City of Santa Clarita at 23920 Valencia Boulevard, Santa Clarita, California 91355. Ballots received after the close of the public hearing will not be considered. YOU WILL RECEIVE ONLY ONE BALLOT, BUT THAT BALLOT MAY HAVE A VALUE OF MORE THAN ONE VOTE. DATED: Sharon Dawson, City Clerk of The City of Santa Clarita, California BALLOT CITY OF SANTA CLARITA, CALIFORNIA SANTA CLARITA STORMWATER DRAINAGE SERVICES FEE Parcel No(s): Record Owner: Address: BALLOT PROCEEDING May 25, 1999 2811-001-136 2811-001-059 2811-001-061 2811-001-119 2811-001-121 2811-002-002 2811-002-040 2811-002-044 2811-002-051 2866-007-042 2866-018-141 2811-001-120 Newhall Land and Farming Company 23823 Valencia Blvd., Santa Clarita, California 91355 Proposed Fee Formula: (Parcel Area in Square Feet) x (Parcel Runoff Factor) = DRU 0637 Annual charge = $21.00 x number of DRU for parcel (DRU shall not exceed $24.00) 98/99 Proposed Fee: $4,583.04 This ballot represents twelve (12) votes. To vote, place a mark in the voting square after the word "YES" or after the word "NO." If you wrongly mark, tear, or deface this ballot, return it to the City Clerk as the election official and obtain another. STORMWATER DRAINAGE SERVICES FEE: Shall the City of Santa Clarita be authorized to impose upon the Yes parcel(s) set forth on this ballot a Stormwater Drainage Services fee up to but not exceeding $24.00, as provided No ❑ in the City Council of the City of Santa Clarita's Resolution No.98-43, including the amount to be assessed on the parcel(s) set forth on this ballot, to pay for authorized public improvements and maintenance thereof. ` w V SIOf4ATURE OF PROPERTY OWNER UNSIGNED BALLOTS WILL NOT BE COUNTED JCG:ch S.\PBS\ENVSRVCS\NPDES2\Nlfl.d.