The URL can be used to link to this page

Home My WebLink About2001-08-28 - AGENDA REPORTS - WES THOMPSON STORMDRN FEE (2)CITY OF SANTA CLARITA AGENDA REPORT PUBLIC HEARING City Manager Approi Item to be presented DATE: August 28, 2001 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 176 ACRES OF LAND LOCATED IN THE PROPOSED WES THOMPSON RANCH ANNEXATION. DEPARTMENT: Planning & Building Services RECOMMENDED ACTION Conduct 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 Wes Thompson Ranch Annexation. BACKGROUND On August 28, 2001, the City Council adopted a resolution initiating proceedings for Santa Clarita Storm Drainage Fee for the Wes Thompson Ranch annexation. Pursuant to Proposition 218, the property owner, American Beauty Development, 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 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. 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. Ado ted: -r� Agenda Item .47 P ALTERNATIVE ACTION Deny the applicant's request. Modify the project to address any Council issues 3. Other action as determined by the Council. FISCAL IMPACT The anticipated revenue from the parcels listed in the Wes Thompson Ranch Annexation area is currently $1081.81. If the Storm Drainage Utility Fee is not adopted, the City's General Fund will have to pay the annual fee. ATTACHMENTS Resolution Annexation Stormwater Fee Report Waiver Location Map ACG S:\PBS\Annex\Wes Thomson Ranch\stormwater\agnrpt2 CITY OF SANTA CLARITA, CALIFORNIA NOTICE OF A PUBLIC HEARING RELATION TO: WES THOMPSON RANCH ANNEXATION SANTA CLARITA STORMWATER DRAINAGE SERVICES FEE NOTICE IS HEREBY GIVEN THAT ON THE 28TH DAY OF AUGUST 2001, AT THE HOUR OF 6:00 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 THE CITY COUNCIL WILL 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 DISCRIMINATORY, 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 WES THOMPSON 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 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 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, Proposition 218 does not prohibit a waiver of the 45 day notice period; 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 Wes Thompson Ranch 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 Wes Thompson 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 Clerk's Office; and SECTION 4. The property owner(s) of the affected parcel(s) have executed waiver(s) expressly waiving, among other things, the 45 day notice period public hearing on the proposed Storm Drainage Pollution Abatement Charge; 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 Travis Lange or of the Environmental Services Division at (661) 255-4979. 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 1, 2001 Published: 8113/01 a& 8/20/00 RAM S:\PBS\A==\StormwaW\Wes CMompe R=ch\WaiverMepp Sharon Dawson, City Clerk of The City of Santa Clarita BALLOT CITY OF 4NTACLAR►TA CITY OF SANTA CLARITA, CALIFORNIA j�p� SANTA CLARITA STORMWATER DRAINAGE SERVIM F4E23 A Ih 4 5 Parcel No(s): `00-'01 Proposed Fee: Wes Thompson Ranch BALLOT PROCEEDING August 28, 2001 2854005002 3231011023 $1,081.81 $1,002.20 $79.61 Record Owner: ABD Thompson, LLC c/o American Beauty Development Co. Attention: John Morrisette Address: 16830 Ventura Boulevard, Suite 401 Encino, CA 91436 clry f K11,cx Ict 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, 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? ABD THOMPSON, LLC By: American Beauty Development, LLC By: American Beauty Development Co. By: Daniel Shine, President UNSIGNED BALLOTS WILL NOT BE COUNTED S\PBS\ANNEX\WeeThompson Rench\Bwrmweter\ \ELEPBNT