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HomeMy WebLinkAbout2000-08-22 - RESOLUTIONS - N VALENCIA II STORMDRN (2)RESOLUTION NO. 00-108 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 A PORTION OF THE NORTH VALENICIA 11 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 Consultant's 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, I( 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 (Government 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 City has prepared a report (the "Report") indicating the proposed fee on each parcel for a portion of the North Valencia U 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 North Valencia II 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 Clerk's Office; and Section 4: A public hearing on the proposed Storm Drainage Pollution Abatement Charge was held at 6:30 p.m. June 13, 2000, at City Hall, Council Chambers, 23920 Valencia Blvd., First Floor, Santa Clarita, CA 91355, at which no majority protest occurred; and Section 5: A public hearing for the proposed Storm Drainage Pollution Abatement Charge was held at 6:30 p.m. August 22, 2000, at City Hall, Council Chambers, 23920 Valencia Blvd., First Floor, Santa Clarita, CA 91355, at which a majority of property owners elected to impose fees; and Section 6: The Storm Drainage Pollution Abatement Charge shall be as set forth in the Report; and k Section 7: The adoption of this Resolution constitutes the adoption and imposition of the Storm Drainage Pollution Abatement Charge; and Section S: The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 22'dday of August, 2000. i YOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF SANTA CLARITA I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 22" day of August, 2000 by the following vote of Council: AYES: COUNCILMEMBERS: Smyth, Ferry, Kellar, Weste, Darcy NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None n, • - CITY CLERK HAM 8: PBS%Anna UM%8ta M3Cn4 r