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Home My WebLink About2000-09-26 - AGENDA REPORTS - GV RANCH STORMDRN ELEC ANNEX (2)CITY OF SANTA CLARITA AGENDAREPORT PUBLIC HEARING City Manager Approv A-4aky� Item to be presented by: Amelia Rietzel V DATE: September 26, 2000 SUBJECT: PUBLIC HEARING FOR THE SANTA CLARITA STORM DRAINAGE FEE PROTEST HEARING & ELECTION AND ADOPTING RESOLUTION CANVASSING BALLOTS, IMPOSING . STORM DRAINAGE UTILITY FEES, AND AUTHORIZING STAFF TO PROCEED WITH THE ANNEXATION OF 1310 ACRES OF LAND LOCATED IN THE PROPOSED GOLDEN VALLEY RANCH ANNEXATION. DEPARTMENT: Planning & Building Services RECOMMENDED ACTION Open the public hearing, receive testimony, if any, consider all written protests, conduct election, canvass election ballots, and adopt a resolution making findings regarding election results, setting Storm Drainage Utility Fees, and authorizing staff to proceed with the Golden Valley Ranch Annexation. BACKGROUND On September 26, 2000, the City Council adopted a resolution initiating proceedings for Santa Clarita Storm Drainage Fee for the Golden Valley Ranch annexation. Pursuant to Proposition 218, the property owner, PacSun, LLC has submitted a written waiver requesting that the time requirements for conducting the protest and election public hearings be compressed to shorten the process. Typically, Proposition 218 requires that if a new fee is imposed on a property, as a result of an annexation application, a majority protest hearing shall be held not less than 45 days after the mailing of the public notice. If no mejority protest occurs, the city shall mail a public notice of the proposed fee with a ballot to all property owners and hold a public hearing not less than 45 days after the mailing of the public notice and ballot. If after the closing of the public hearing, property owners elect to impose a fee, the City Council may adopt a resolution canvassing ballots and imposing storm drainage utility fees. At the request of the property owner, and pursuant to Proposition 218, the time requirements have been compressed into a single public hearing. In addition, the Storm Drainage Fee will include an annual inflation adjustment in accordance with the Consumer Price Index (CPI) for Los Angeles, Long Beach, and Anaheim, for September of each year. AdWed".9 Aoenda ltemls� ALTERNATIVE ACTION No alternative action is identified by staff. FISCAL IMPAC The anticipated revenue from the parcels listed in area is currently $8,122.94. If the Storm Drainage General Fund will have to pay the annual fee. ATTACHMENTS Resolution Annexation Stormwater Fee Report Waiver Public Notice Location Map EAM S:\PBS\Annex\GoIden VaIIey\storm\agnrpt2 the Golden Valley Ranch Annexation Utility Fee is not adopted, the City's CITY OF SANTA CLARITA, CALIFORNIA NOTICE OF A PUBLIC HEARING RELATIONTO: GOLDEN VALLEY RANCH ANNEXATION SANTA CLARITA STORAIWATER DRAINAGE SERVICES FEE NOTICE IS HEREBY GIVEN THAT ON THE 26TH DAY OF SEPTEMBER 2000, AT THE HOUR OF 6:30 P.M. IN THE COUNCIL CHAMBERS OF THE CITY COUNCIL IN THE CITY HALL, 23920 VALENCIA BOULEVARD, SANTA CIARITA, CALIFORNIA, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA WILL CONDUCT A PUBLIC HEARING AT WHICH THE CITY COUNCIL WELL CANVASS THE BALLOTS CAST BY THE QUALIFIED VOTERS AND ANY AND ALL INTERESTED PERSONS MAY APPEAR AND BE HEARD ON WHETHER THE PROPOSED FEES ARE DISCRDIINATORY, EXCESSIVE OR INSUFFICIENT OR ON ANY OTHER MATTER RELATING THERETO. RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, CONCLUDING PROCEEDINGS FOR THE"SANTA CLARITA" STORM DRAINAGE UTILITY FEE"PURSUANT TO THE REVENUE BOND ACT OF 1941 AND THE RIGHT TO VOTE ON TAXES ACT; CANVASSING BALLOTS AND IMPOSING FEES FOR THE GOLDEN VALLEY RANCH ANNEXATION WHEREAS, the City of Santa Clarita has had a study conducted by an outside consultant of the options available for funding the City's storm drainage program in light of the National Pollutant Discharge Elimination System (NPDES) permit issued to the city by the California Regional Water Quality Control Board; and WHEREAS, the ConsultanVs report indicated the feasibility and equity of funding the City's storm drainage program by the formation of a storm drainage utility supported by user charges against all property in the City; and WHEREAS, the City Council, after careful study of the Consultant's report, did hold hearings as required by Government Code Section 66018 and did, after due process, enact Ordinance No. 94-7, establishing storm drainage activity of the City as a utility enterprise; and WHEREAS, the City intends by the enactment of the fees and charges set forth herein to fund compliance with the stormwater NPDES requirements of the Federal Clean Water Act, therefore, the storm drainage user charge shall herein and henceforth be known as the "Storm Drainage Pollution Abatement Charge"; and WHEREAS, the charges proposed herein are not discriminatory or excessive and comply with the provisions of the State Revenue Bond Law of 1941 (Goven-anent Code Section 54300 et seq.) and the laws of the State of California; and WHEREAS, Proposition 218, the Right to Vote on Taxes Act does hereby require that if a new fee is imposed on a property, as a result of an annexation application, a majority protest hearing shall be held and that the agency shall mail written notices to all owners of identified parcels, and that the agency shall conduct a majority protest public hearing not less than 45 days after the mailing of said notice; and WHEREAS, if no majority protest exists, the agency shall mail a notice of the proposed fee with a ballot to all owners of identified parcels, and that the agency shall conduct a public hearing not less than 45 days after the mailing of said notice; and WHEREAS, the 45 day period before the conduct of the public hearing is not established for a public reason but is solely for the advantage of the property owners of parcels receiving services for which a fee will be imposed; and WHEREAS, the California Civil Code, Section 3513, allows anyone to waive the advantage of a law intended solely for their benefit; and WHEREAS, the 45 day period before the conduct of the public hearing is not established for a public reason but is solely for the advantage of the property owners of parcels receiving services for which a fee will be imposed; and WHEREAS, Proposition 218 does not prohibit a waiver of the 45 day notice period; and WHEREAS, the California Civil Code, Section 3513, allows anyone to waive the advantage of a law intended solely for their benefit; and WHEREAS, the property owner(s) of the affected parcel(s) have executed waiver(s) expressly waiving, among other things, the 45 day notice period; and WHEREAS, the City has prepared a report (the "Report") indicating the proposed fee on each parcel for the Golden Valley Ranch proposed annexation; WHEREAS, the City Council has examined and considered the Report. NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, STATE OF CALIFORNIA: SECTION 1. That the above recitals are true and correct; and SECTION 2. That the City hereby proposes to impose an annual fee for Storm Drainage Utility Services and proceed with the Golden Valley Ranch Annexation; and SECTION 3. The City Council is satisfied with the correctness of the Report, incorporated herein by this reference, and the fees including the proceedings and all matters relating thereto and a copy of the Report is available in the City Clerles Office; and SECTION 4. A public hearing on the proposed Storm Drainage Pollution Abatement Charge was held at 6:30 p.m. September 26, 2000, at City Hall, Council Chambers, 23920 Valencia Blvd., First Floor, Santa Clarita, CA 91355, at which no majority protest occurred and a majority of property owners elected to impose fees; and SECTION 5. The Storm Drainage Pollution Abatement Charge shall be as set forth in the Report; and SECTION 6. The adoption of this Resolution constitutes the adoption and imposition of the Storm Drainage Pollution Abatement Charge; and SECTION 7. The City Clerk shall certify to the adoption of this Resolution. Proponents, opponents and any interested persons may be heard on this matter at this time. Further information may be obtained by contacting Amelia Rietzel or Marika A. Modugno of the Environmental Services Division at (661) 255-4330. If you wish to challenge the action taken on this matter in court, you may be limited to raising only those issues you or someone else raised at the public'hearing described in this notice, or in written correspondence delivered to the City of Santa Clarita, at, or prior to, the public hearing. Dated: August 31, 2000 Published: 9/11/00 & 9/18100 EAM S:%PBS\A..%GoM=VaUay%S�%Ntvp Sharon Dawson, City Clerk of The City of Santa Clarita ANNEXATION STORMWATER REPORT Golden Valley Ranch Annexation 27 -Jul -00 Land APN Acreage Use RF Amount 2848008012 621.36 Va�antRes 60-19 s73,-892.54 2848008016 80 Vacant Res 0.019 $ 501.10 2848009024 13.29 Vacant Res 0.019 $ 83.25 2848009028 120 Vacant Res 0.019 $ 751.65 2848009031 36.13 Vacant Res 0.019 $ 226.31 2848009032 147.92 Vacant Res 0.019 $ 926.53 2848009033 75.38 Vacant Res 0.019 $ 472.16 2848011009 148.92 Vacant Res 0.019 $ 932.80 2848017022 0.31 Vacant Res 0.019 $ 1.94 2848017023 11.77 Vacant Res 0.019 $ 73.72 2848017024 27.21 Vacant Res 0.019 $ 170.44 2848017025 14.53 Vacant Res 0.019 $ 91.01 Total $8,122.94 ivi r- C E I V E 0 PLANNIN6 DIVISION AUG 2 2 2000 WAXVER PLANNING ANO 8011.0016 SHVICES CITY OF SANTA CLARITA OF CERTAIN PROCEDURES RELATING TO TBE CITY OF SANTA CLARITA STORM DRAINAGE UTILITY SERVICES IN CONNECTIO] WITH TEE GOLDEN VALLEY ANNEXATION TO THE CHY OF SANTA CLARITA The Honorable Mayor and Members of tile city Council City of Santa Clarita 23920 Valencia Boulevard Suite 300 Santa Clarita6 California 91355-2196 r. r -77.7.n 11116 U The undersigned are the sole owners of the real property described on Exhibit A (the 'Property), attached hereto and incorporated berein by this referenM located within the area recently annexed to the City of Santa Clarita (the "City"), and we herebi agree as follows: 1. We acknowledge and undarstand that pursuant to California Constitution Article MEC, 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 stozzowater drainage services fee, such notice to include: 1. The amount of the proposed storrowater 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 stor=water 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. 2. It being our intention that the City proceed as qmckly as possible with the imposition of the stormwater drainage serideas fee, we waive all otherwise applicable Ume for the conduct by your 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 maybe conducted bymall dorhand-deliveredballottobe returned as quickly an possible to the office of the City Clerk of the City of Santa Clarita. and that the results of maid election be canvassed and reported to you as soon am possible. 'ntle: PacSun, LIC, a California limited liability company By: PacificUS Real Estate Group, its Managing Member By: Paul J. Giuntini President Aumm%GoIdwV&TW7�8torm�walm CITY OF SANTA CIARITA, CALIFORNIA NOTICE OF A PUBLIC HEARING RELATING TO: Golden Valley Ranch Annexation SANTA CLARITA STORMWATER DRAINAGE SERVICES FEE Dear Property Owner: NOTICE IS HEREBY GIVEN THAT ON THE 2e DAY OF SEPTEMBER 2000, AT THE HOUR OF 6:30 P.AL 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 WELL CONDUCT A PUBLIC HEARING AT WHICH ANY AND ALL PERSONS HAVING OBJECTIONS TO THE EUPOSITION OF THE STORMWATER DRAINAGE SERVICES FEE MAY APPEAR AND SHOW CAUSE WHY SAID FEE SHOULD NOT BE SUBMTTED 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 WRITTEN PROTESTS ARE PRESENTED BY A MAJORITY OF OWNERS OF THE PARCELS SUBJECT TO THE PROPOSED FEE THE CITY WILL NOT IMPOSE THE FEE. Amount of the Promsed Fee APN: 2848008012 $3,892.04 2848008016 $501.10 2848009024 $83.25 2848009028 $751.65 2848009031 $226.31 2848009032 $926.53 2848009033 $472.16 2848011009 $932.80 2848017022 $1.92 2848017023 $73.72 2848017024 $170.44 2848017025 $91.01 '00201 Proposed Fee: $8,122.94 Basis of Fee Calculation The annual stormwater drainage services fee 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 99/00 per parcel shall be: 3. Annual charge=$21 x number of DRU for parcel (Parcel Area in Sauare Feet) x (Parcel Runoff Factor) DRU .0637 In addition, the Storm Drainage Fee win include an annual inflation adjustment in accordance with the Consumer Price Index (CPI) for Los Angeles, Long Beach, and Anaheim, for September of each year. 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 (N`PDES) 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 -impervious 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 the California Government Code Section 54300 (the State Revenue Bond Law of 1941) to establish fees and changes 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. ProceedinLrs Inauiries For additional information relating to the Stormwater Drainage Services Fee, you may contact Amelia Rietzel or Marika A. Modugno at (661) 255-4330, or the City of Santa Clarita, Environmental Services Division, 23920 Valencia Boulevard, Suite 300, Santa Clarita, California, 91355. B:XPBS\ANNEXXGokle.V.UWXSMRMXPROPBNTC.DOC I 31-M "I CITY OF SANTA CLARITA, CALIFORNIA SANTA CLARITA STORMWATER DRAINAGE SERVICES FEE BALLOT PROCEEDING September 26, 2000 Parcel No(s): 2848008012 $3,892.04 2848008016 $501.10 2848009024 $83.25 2848009028 $751.65 2848009031 $226.31 2848009032 $926.53 2848009033 $472.16 2848011009 $932.80 2848017022 $1.92 2848017023 $73.72 2848017024 $170.44 2848017025 $91.01 '00-'01 Proposed Fee: $8,122.94 Record Owner: PacSun, LLC Address: 2 North Lake Avenue Suite 800 Pasadena, CA 91101 This ballot represents 12 votes. To vote, place a mark in the voting square after the word "YES" or after the word "NO". All distinguishing marks are forbidden and make the ballot void. 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 Stox7nwater Drainage Services fee, subject to an annual adjustment for inflation, for September of each year, as proposed for adoption by the City Council, and as provided in the City Council of the City of No El Santa Clarita's Resolution, including the amount To be assessed on the parcel(s) set forth on this ballot, to pay For authorized public improvements and maintenance thereof? �SIGNAZXRE OF PaOPERTY OWNER UNSIGNED BALLOTS WELL NOT BE COUNTED EAM S: \PBS \Annex\Golden Valley\ballot N". Pr ANGELES NATIONAL FOREST V 1�0 jw CERITA CANYON STATE PARK ANGELES NATIONAL FOREST Location Map Golden Valley Ranch Annexation