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HomeMy WebLinkAbout2000-04-25 - AGENDA REPORTS - STORMDRN FEE S RIVER (2)PUBLIC HEARING DATE: AGENDA REPORT City Manager Approval: Z 1140e Item to be presented by: Amelia Rietzel April 25, 2000 SUBJECT: PUBLIC HEARING FOR THE SITE SPECIFIC STORM DRAINAGE FEE ELECTION AND ADOPTING RESOLUTION CANVASSING BALLOTS, IMPOSING SITE SPECIFIC STORM DRAINAGE POLLUTION ABATEMENT FEES FOR THE SOUTH RIVER DEVELOPMENT DEPARTMENT: Planning & Building Services RECOMMENDED ACTION Open the public hearing, receive testimony, if any, close the public hearing. Since Jefferson at South River, II, L.P. and Hanover R.S. Limited Partnership, the owners of the South River properties, have decided to provide private maintenance of the Filter Basin, there is no need to adopt a resolution that establishes and imposes a Site Specific Storm Drainage Pollution Abatement Fee. BACKGROUND On July 1, 1993, the City of Santa Clarita became subject to the federal stormwater permitting program (National Pollutant Discharge Elimination System or NPDES). The City's NPDES permit requires that the City reduce the amount of pollution entering the creeks, rivers, and ocean from storms or other sources of water that wash over lands within the City. In July 1996, the City received a new NPDES permit that included many new requirements for the City and developers to implement. One new requirement related to development is the treatment (removal of pollutants) of approximately 3/a of an inch of every rain event. Furthermore, the Permit requires the City to insure that ongoing maintenance of these facilities will occur. At the Council Study Session held January 4, 2000, the City Council determined that most water quality facilities established to fulfill this requirement of the Permit will be maintained, operated, improved, or replaced privately (private funding and private maintenance). It is recognized that under certain circumstances, public maintenance of water quality facilities may be desired. In this case, private funding for maintenance of water quality facilities will be provided through a Site Specific Storm Drainage Pollution Abatement Fee. On February 22, 2000, the City Council adopted an ordinance amending Title 15, Chapter 15.50 of the Santa Clarita Municipal Code Entitled: Storm Drainage Utility Enterprise Fund. This ordinance amendment gave the City of Santa Clarita the authority to establish a system of specific user charges for any water quality facilities that are site specific. These RECEIVED 'A'ge.d m1Z charges would be in addition to the established Storm Drainage Pollution Abatement Charges that are levied to parcels in the City and would be established on a case by case basis, based on the annual cost to maintain, operate, improve and /or replace the facilities. In addition, the Site Specific Storm Drainage Pollution Abatement Fee will include an annual inflation adjustment in accordance with the Consumer Price Index (CPI) for Los Angeles, Long Beach, and Anaheim, for April of each year. The owners of the South River properties, Jefferson at South River, II, L.P. and Hanover R.S. Limited Partnership, have agreed to provide private maintenance of the filter basin. Per the current agreement set forth in a signed letter dated March 27, 2000, Jefferson at South River and Hanover agree to provide the City of Santa Clarita with the following documentation no later than August 1, 2000 with the expectation that the form of the documents will be approved on or before September 1, 2000. The documentation includes: 1. Agreement between the property owners setting forth the provisions of maintenance and the shared cost responsibilities of the Filter Basin. Said documentation will allow for City inspection of the maintenance activities; and 2. Easement from the current property owner on which the Filter Basin is located to allow access to the facility for maintenance purposes. In the event the owners cannot enter into a mutually satisfactory Agreement and/or cannot obtain the necessary easement from the current property owner on which the facility is located, the owners agree to sign the appropriate documents in order for the City of Santa Clarita to maintain the filter basin. ALTERNATIVE ACTION No alternative action is identified by staff. FISCAL IMPACT There is no fiscal impact to the City of Santa Clarita since the filter basin will be privately maintained. ATTACHMENTS Resolution Attachment to Resolution: South River Stormwater Fee Report AJR:MAM:ch S:\PBS\ENVSRVCS\NPDES2\FEES\BRDGPRT\STHRIVAR.DOC OF CERTAIN PROCEDURES RELATING TO IMPLEMENTATION OF FEES AND CHARGES FOR THE CITY OF SANTA CLARITXS SITE SPECIFIC STORM DRAINAGE UTILITY SERVICES The Honorable Mayor and Members of the City Council City of Santa Clarita 23920 Valencia Boulevard, Suite 300 Santa Clarita, California 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 increase in stormwater drainage service fees, such notice to include: 1. The amount of the proposed additional stormwater drainage services fee to be imposed upon each parcel of land; 2. The basis upon which the amount of the proposed additional fee was calculated; 3. The reason for the additional fee; and 4. The date, time and location of the public hearing on the proposed additional fee. b. We have the right to submit at the public hearing protests against the proposed Site Specific Storm Drainage Pollution Abatement Fee. C. We have the right to vote in an election on the imposition of the proposed Site Specific Storm Drainage Pollution Abatement Fee to be held not sooner than 45 days after the public hearing. 2. It being our intention that the City proceed as quickly as possible with the imposition of the Site Specific Storm Drainage Pollution Abatement 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 additional 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, Property Owner S:\ PBS \ENVSRVCS\NPDES2\FEES\BRDGPRT\WA[VER2.DOC City of Santa Clarita NOTICE OF A PUBLIC HEARING AND MAILED BALLOT ELECTION INFORMATION RELATING TO: SITE SPECIFIC STORM DRAINAGE POLLUTION ABATEMENT FEE FOR THE SOUTH RIVER DEVELOPMENT Dear Property Owner: Public Hearin¢ NOTICE IS HEREBY GIVEN THAT ON THE 25"' DAY OF APRIL 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 CLARITA, CALIFORNIA, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA WILL CONDUCT A PUBLIC HEARING AT WHICH TIME ANY AND ALL PERSONS HAVING OBJECTIONS TO THE IMPOSITION OF THE SITE SPECIFIC STORM DRAINAGE POLLUTION ABATEMENT FEE FOR THE SOUTH RIVER DEVELOPMENT 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 Site Specific Storm Drainage Pollution Abatement 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 Site Specific Storm Drainage Pollution Abatement 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 Site Specific Storm Drainage Pollution Abatement Fee is proposed to be levied as of official date of acceptance of basin and public improvements, 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. 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. Existing City funds and funding sources, including the standard stormwater drainage source fee, are insufficient to fund the identified additional needs for operation and maintenance of the additional water quality facilities within the storm drainage system that services your property. 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. Cost of Maintenance The total estimated cost for Fiscal Year 2000-2001 for the additional stormwater facilities is: South River $18,928 and West of McBean $20,448. The proposed assessment on your parcel(s) is set forth on the included ballot. See your ballot for specific amount assessed against your property. Basis of Fee Calculation The annual Site Specific Storm Drainage Pollution Abatement Fee to be billed to each parcel shall be based on the acreage of the current undeveloped parcels within the proposed developments. The fees will be based on the annual maintenance expenses for the facilities to be levied on the undeveloped parcels on a per acre basis. Each development will be responsible for the fees to maintain the facilities within their respective developments. The fees for the additional stormwater related facilities will be placed on the vacant land within South River (the Development) at a rate of $630.93 per acre. The fee will be subject to an annual Consumer Price Index (CPI), for April each year, adjustment provided, however the fee will never exceed the reasonable cost for providing the service. Should the undeveloped land remain vacant and the facilities not installed, or the undeveloped land developed but without the additional facilities the additional fee will not be collected. Should the land develop, with the additional facilities installed and building permits issued, the fees will be divided among all parcels equally. The final per parcel fee will vary depending upon the number of parcels created. (Based on a current projection of 831 apartments, the annual fee will be $22.77 per Unit). This fee is in addition to the existing Storm Drainage Pollution Abatement Fee currently in place. 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 stormwater fee, you may contact Amelia Rietzel (661) 255-4337 or Marika A. Modugno at (661) 255-4350, or the City of Santa Clarita, Environmental Services Division, 23920 Valencia Boulevard, Suite 300, 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 competed ballot must be returned before the close of the public hearing scheduled for 6:30 p.m. on April 25, 2000, 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:\PBS\ENVSRVCS\NPDES2\FEES\BRDGPRT\STBRN.DGC BALLOT CITY OF SANTA CLARITA, CALIFORNIA SITE SPECIFIC STORM DRAINAGE POLLUTION ABATEMENT FEE BALLOT PROCEEDING April 25, 2000 Parcel No(s): Tract 51931-02 Lot Numbers 17 and 19 Record Owner: Jefferson at South River, II, L.P. Address: 600 East Las Colinas Boulevard, Suite 1800 Irving, Texas 75039 or JPI Westcoast Development, L.P. 8910 University Center Lane, #150 San Diego, California 92122 Proposed Fee Formula: $18,928 / 30 acres = $630.93 per acre 00/01 Proposed Annual Fee: Estimated $22.77 per unit (based on the estimated construction of 294 units on Lot 17, 267 units on Lot 19, and 270 units on Lot 18) This ballot represents one (1) vote. To vote, place a mark in the voting square after the work "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 SERVICE FEE: Shall the City of Santa Clarita be authorized to impose upon the parcel(s) set forth on this ballot a Site Specific Storm Drainage Pollution Abatement Fee up to but not exceeding $22.77 per Unit, subject to an annual adjustment for inflation for April of each year, as proposed for adoption by the City of Santa Clarita, to pay for authorized public improvements and maintenance thereof, all as described in The Report, a copy of which was transmitted together with this ballot. This specific fee is in addition to the City of Santa Clarita's Storm Drainage Pollution Abatement Service Fee. YES ❑ NO ❑ SIGNATURE OF PROPERTY OWNER UNSIGNED BALLOTS WILL NOT BE COUNTED BALLOT CITY OF SANTA CLARITA, CALIFORNIA SITE SPECIFIC STORM DRAINAGE POLLUTION ABATEMENT FEE BALLOT PROCEEDING April 25, 2000 Parcel No(s): Tract 51931-02 Lot Numbers 18 Record Owner: Hanover R.S. Limited Partnership Address: c/o Jefferson at South River II, L.P. 600 East Las Colinas Boulevard, Suite 1800 Irving, Texas 75039 or JPI Westcoast Development, L.P. 8910 University Center Lane, #150 San Diego, California 92122 Proposed Fee Formula: $18,928 / 30 acres = $630.93 per acre 00/01 Proposed Annual Fee: Estimated $22.77 per unit (based on the estimated construction of 294 units on Lot 17, 267 units on Lot 19, and 270 units on Lot 18) This ballot represents one (1) vote. To vote, place a mark in the voting square after the work "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 SERVICE FEE: Shall the City of Santa Clarita be authorized to impose upon the parcel(s) set forth on this ballot a Site Specific Storm Drainage Pollution Abatement Fee up to but not exceeding $22.77 per Unit, subject to an annual adjustment for inflation for April of each year, as proposed for adoption by the City of Santa Clarita, to pay for authorized public improvements and maintenance thereof, all as described in The Report, a copy of which was transmitted together with this ballot. This specific fee is in addition to the City of Santa Clarita's Storm Drainage Pollution Abatement Service Fee. YES ❑ NO ❑ SIGNATURE OF PROPERTY OWNER UNSIGNED BALLOTS WILL NOT BE COUNTED I 23 Em1A[T��t t 3 Six sHEIT 7 7 `- V L S TRACT N0, IN THE CITY OF COUNTY OF LOS ANGELES RONALD R. 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