HomeMy WebLinkAbout2000-05-09 - RESOLUTIONS - STORMDRN FEE TOWSLEY (2)RESOLUTION NO. 00-53
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 TOWSLEY CANYON 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,
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 notice 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 after the mailing of said notice; and
WHEREAS, the City did conduct on May 9, 2000, said majority protest
hearing and election in conformance with applicable law; and
WHEREAS, a majority .protest did not exist at the majority protest hearing
and the ballots in favor or the proposed fees and charges outnumbered the ballots
opposed to the proposed fees and charges; and
WHEREAS, the City has prepared a report (the "Report") indicating the
proposed fee on each parcel in the Towsley Canyon proposed annexation; and
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 Towsley Canyon Annexation; and
Section 3. The City Council is satisfied with the correctness of the
Stormwater Fee Report, a copy of which is attached hereto as Exibit "A" and
incorporated herein by this reference and is available in City Clerk's Office, and with
the proceedings and all matters relating thereto; and
Section 4. The fees and charges set forth in the Stormwater Fee Report are
hereby adopted and imposed; and
Section 5. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 9th day of May 2000.
ATTEST:
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF SANTA CLARITA )
LU"a
ayor
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 9th day of Mev 1999
by the following vote of Council:
APES: COUNCILMEMBERS: Kellar, Weste, Smyth, Ferry, Darcy
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
CITY CLERK
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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
M-
T
l e:' -
Filed in the Office of the City Clerk on q 02 `( 2000.
By:-''� 6�< "
Sharon Dawson, City Clerk
:x.11 n
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=n A901.i vismo
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 9"` 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 fundin fo th
Stormwater Management Plan of the Ci
drainage utility enterprise with user fees
of providing this funding
Cost of Maintenance
g r e
,y and that the establishment of a storm
and charges is the most equitable method
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 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 an
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
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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 Claris Resolution No. - , including the amount
El
To be assessed on the parcel(s) set forth on this ballot, to pay
For authorized public improvements and majntenan
thereof? ,i/
UNSIGNED
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WILL NOT BE COUNTED