HomeMy WebLinkAbout2001-07-10 - RESOLUTIONS - STORMDRN POLLUTION ABATE FEE (2)RESOLUTION NO. 01-82
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA CLAR.ITA, CALIFORNIA,
INITIATING PROCEEDINGS FOR THE "SITE SPECIFIC STORM DRAINAGE
POLLUTION ABATEMENT FEE": DETERMINING THAT THESE
PROCEEDINGS SHALL BE TAKEN PURSUANT TO THE
REVENUE BOND ACT OF 1941 AND THE RIGHT TO VOTE
ON TAXES ACT; AND OFFERING A TIME AND PLACE
FOR HEARING OBJECTIONS AND CANVASSING BALLOTS AND IMPOSING
FEES FOR THE HIDDEN CREEK DEVELOPMENT WEST OF MCBEAN
PARKWAY AND SOUTH OF COPPERHILL DRIVE
WHEREAS, the City of Santa Clarita (the "City") has evaluated the options
available for funding the maintenance of additional site-specific water quality
facilities associated with the National Pollutant Discharge Elimination System
(NPDES) permit issued to the City by the California Regional Water Quality Control
Board; and
WHEREAS, the evaluation indicated the feasibility and equity of funding the
additional site specific water quality facilities by the formation of a specific storm
�.. drainage utility supported by user charges against all property within the area
served by such facilities would be appropriate; and
F
WHEREAS, the City Council at its meeting of January 4, 2000, determined
that most water quality facilities established to fulfill the NPDES requirements will
be maintained, operated, improved, or replaced privately, including reliance on
private funding and private maintenance; and
WHEREAS, the City Council, after careful study of said evaluation, did hold
hearings as required by Government Code Section 66018 and, thereafter, enact an
amendment to Title 15, Chapter 15.50 of the Santa Clarita Municipal Code
authorizing the establishment of specific user charges for any water quality facilities
that are site specific; and
WHEREAS, the City intends by the establishment of the fees and charges set
forth herein to fund maintenance of water quality facilities in accordance with the
NPDES requirements of the Federal Clean Water Act, and therefore, the storm
drainage user charge shall herein and henceforth be known as the "Site Specific
Storm Drainage Pollution Abatement Charge"; and
WHEREAS, the City has prepared a report (the "Stormwater Fee Report")
indicating the proposed fees and charges on each parcel in the west of McBean and
south of Copperhill Drive Hidden Creek development; and
WHEREAS, the City Council has examined and considered the Stormwater
Fee Report; and
WHEREAS, the charges proposed herein are not discriminatory or excessive
and comply with the provisions of the Revenue Bond Law of 1941 (commencing at
Government Code section 54300 et seq.) and the laws of the State of California; and
WHEREAS, Proposition 215, the Right to Vote on Taxes Act, requires that if
a new fee is imposed on a property, the City shall mail written notice of a protest
hearing to all owners of identified parcels, and that the City shall thereafter conduct
a public hearing at which the City Council shall consider all protests of the proposed
fees and charges; 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, the property owner(s) of the affected parcel(s) have executed
waiver(s) expressly waiving, among other things, the 45 day notice period.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
CLARITA, STATE OF CALIFORNIA DOES HEREBY FIND, DETERMINE,
ORDER AND RESOLVE AS FOLLOWS:
Section 1. The above recitals are true and correct.
SECTION 2: That the City hereby proposes to impose an annual fee for Site
Specific Storm Drainage Pollution Abatement Services for the Hidden Creek
development west of McBean Parkway and south of Copperhill Drive (Hidden
Creek); and
SECTION 3: The Site Specific Storm Drainage Pollution Abatement Fee will
include an annual inflation adjustment in accordance with the Consumer Price
Index (CPI) for Los Angeles, Long Beach, and Anaheim, for April of each year; and
SECTION 4: 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 5: A public hearing on the proposed Site Specific Storm Drainage
Pollution Abatement Charge for Hidden Creek development shall be held at or after
6:00p.m. July 10, 2001, at City Hall, Council Chambers, 23920 Valencia Blvd., First
Floor, Santa Clarita, CA 91355; and
SECTION 6: The City Clerk shall certify to the adoption of this Resolution.
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PASSED, APPROVED AND ADOPTED this le day of July, 2001.
ATTEST:
to,A MON-�
MM •MORI
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
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 10' day of July,
2001, by the following vote:
AYES: COUNCILMEMBERS: Smyth, Darcy, Kellar, Ferry, Weste
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
,0/ �
CITY CLERK