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HomeMy WebLinkAbout2000-05-09 - AGENDA REPORTS - STORMDRN FEE TOWSLEYCYN (2)CITY OF SANTA CLARITA AGENDA REPORT PUBLIC HEARING City Manager Approval: 7,* - DATE: May 9, 2000 Item to be presented by: Amelia Rietzel SUBJECT: PUBLIC HEARING FOR THE SANTA CLARITA STORM DRAINAGE FEE PROTEST HEARING & ELECTION AND ADOPTION OF RESOLUTION CANVASSING BALLOTS, IMPOSING STORM DRAINAGE UTILITY FEES, AND AUTHORIZING STAFF TO PROCEED WITH THE ANNEXATION OF 60.1 ACRES OF LAND DESCRIBED IN EXIBIT A LOCATED IN THE PROPOSED TOWSLEY CANYON ANNEXATION. DEPARTMENT: Planning & Building Services RECOMMENDED ACTION Open the public hearing, receive testimony, if any, close the public hearing, determine if a majority protest exists, if not, canvass election ballots, and adopt a resolution making findings regarding election results, setting Storm Drainage Utility Fees, and authorizing staff to proceed with the annexation of the Towsley Canyon Annexation. BACKGROUND Setting Storm Drainage Utility Fees is the first step in the annexation process. A companion case, the Towsley Canyon Annexation Resolution of Application is also on the agenda as a Consent Item. Revised from the 1998 submittal, this annexation application has been amended to include only City -owned property located in the Towsley Canyon area. Pursuant to Proposition 218, the property owner, the City of Santa Clarita has submitted a written waiver requesting that the time requirements for conducting the protest and election public hearings be compressed to shorten the process. 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 majority 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. pip 11, �V lvj� IN s ALTERNATIVE ACTION No alternative action is identified by staff. FISCAL IMPACT The anticipated revenue from these parcels is $374.89. The City's General Fund will be required to pay the Stormwater Utility this amount each year. ATTACHMENTS Resolution Exibit "A" (Stormwater Fee Report) Waiver Public Notice Ballot EAM: S:\PBS\ANNEX\TOWSLEY\STORM\HRG s b R 818 a! ib 98 8 r am 0 3 d°n 2Z 0 0 W W � D DD > S 6 N y m D b n Z D % Ohm ~ O O Z p T DomD 0 o zm m d v X T D a st o Z n Oo m ms N f/i N N O O a a 6 60m 2 0 WAIVER OF CERTAIN PROCEDURES RELATING TO THE CITY OF SANTA CLARITA STORM DRAINAGE UTILITY SERVICES IN CONNECTION WITH THE TOWSLEY CANYON ANNEXATION TO THE CITY OF SANTA CLARITA 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 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. 2. 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 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 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, George Filed in the Office of the City Clerk on q 0) `( 2000. By: 6�7' ok' Sharon Dawson, City Clerk EXHIBIT A DESCRIPTION OF BOUNDARIES DESCRIPTION The City of Santa Clarita owned property located west of Interstate 5; extending approximately 600 feet south of Wiley Canyon Road; extending approximately 400 feet north of Wiley Canyon Road; extending approximately two-thirds of a mile west of The Old Road. A.J8901wai vieu City of Santa Clarita NOTICE OF A PUBLIC HEARING AND MAILED BALLOT ELECTION INFORMATION RELATING TO: STORMWATER DRAINAGE SERVICES FEE TOWSLEY CANYON ANNEXATION Dear Property Owner: Public Hearin NOTICE IS HEREBY GIVEN THAT ON THE 9TH DAY OF MAY 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 STORM DRAINAGE SERVICES FEE FOR THE TOWSLEY CANYON ANNEXATION 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, 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. Each ballot is allotted a specified number of votes depending on the proposed fee. 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 the 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 1999-00 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 specific amount assessed against your property. 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: Annual charge=$21 x number of DRUI for parcel (Parcel Area in Square Feet) x (Parcel Runoff Factor) = DRU .0637 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 Drainage Services 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 Reciuients 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 9, 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: April 20, 2000 EAM S: \PBS\ANNEX\TOWSLEY\STORM\PBNTC BALLOT CITY OF SANTA CLARITA, CALIFORNIA SANTA CLARITA STORMWATER DRAINAGE SERVICES FEE BALLOT PROCEEDING NOVEMBER 9, 1999 Parcel No(s): 2826-023-907 2826-023-909 Record Owner: City of Santa Clarita Address: 23920 Valencia Blvd. Santa Clarita, CA 91355 Proposed Fee: 374.89 This ballot represents 2 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 Stormwater Drainage Services fee as provided in the City Council of the City of No Santa Clarita's Resolution No. - , including the amount To be assessed on the parcel(s) set forth on this ballot, to pay For authorized public improvements and ma. enange) thereof? // , / I UNSIGNED EAM S: \PBS \ TO W SLEY \ STORM \ BLTS OWNER WILL NOT BE COUNTED