HomeMy WebLinkAbout2001-09-18 - RESOLUTIONS - STONECREST HEARING (2)RESOLUTION NO. 01-110
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA CLARITA, CALIFORNIA,
MAKING FINDINGS FOR THE "SANTA CLARITA
STORM DRAINAGE UTILITY FEE" PROTEST HEARING PURSUANT TO THE
REVENUE BOND ACT OF 1941 AND THE RIGHT TO VOTE ON TAXES ACT;
CALLING AN ELECTION AND SETTING A TIME AND PLACE FOR
CANVASSING BALLOTS AND A PUBLIC HEARING ON THE PROPOSED FEES
FOR THE STONECREST 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
r�
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 (the "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 to conduct the election not less than 45 days after the
mailing of said notice; and
WHEREAS, the City has prepared a report (the "Report") indicating the
proposed fee on each parcel of the Stonecrest 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 Stonecrest 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: Pursuant to the Act, a public hearing on the proposed Storm Drainage
Pollution Abatement Charge was held at 6:00 p.m. September 11, 2001, at City Hall,
Council Chambers, 23920 Valencia Blvd., First Floor, Santa Clarita, CA 91355, at
which no majority protest occurred; and
Section 5: That an election is hereby called for the property owners within the
area designated as the Stonecrest Annexation on the proposition of levying the
Storm Drainage Pollution Abatement Charge. The date of the election shall be
November 13, 2001, or such later date as is consented to by the City Clerk and the
property owners within the Stonecrest Annexation. The City Clerk shall conduct the
election. The election shall be conducted by personally delivered or mailed ballot in
accordance with the Act and the Elections Code.
Section 6: Notice is hereby given that a public hearing for canvassing ballots for
the proposed Storm Drainage Pollution Abatement Charge will be held at 6:00 p.m.
November 13, 2001, at City Hall, Council Chambers, 23920 Valencia Blvd., First
Floor, Santa Clarita, CA 91355; and
Section 7: The City Clerk is hereby authorized and directed to conduct said
election and to give notice of such public hearing by causing notice and a ballot to be
mailed to the record owner of each parcel located within the Stonecrest Annexation
at least forty-five (45) days prior to the date set for the election and public hearing.
The notice and ballot shall contain the information required by Section 6 of the Act.
Section 8: The Storm Drainage Pollution Abatement Charge shall be as set forth
in the Report; and
Section 9: The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 18' day of September, 2001.
aYOR
ATTEST:
1�
CITY CLERK
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 18'h day of September, 2001 by the
following vote of Council:
AYES: COUNCILMEMBERS: Ferry, Smyth, Darcy, Kellar, Weste
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
CITY CLERK
EAM
S: \ PBS \Annex\ Stonecrest \ Stormwater\ Reso3