HomeMy WebLinkAbout2001-08-28 - RESOLUTIONS - WES THOMPSON UTILITY FEE (3)RESOLUTION NO. 01-95
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA CLARITA, CALIFORNIA,
INITIATING PROCEEDINGS FOR THE "SANTA CLARITA
STORM DRAINAGE UTILITY 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 WES THOMPSON RANCH
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, 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; and
WHEREAS, the City has prepared a report (the "Report") indicating the
proposed fee on each parcel of 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 Stormwater 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; 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 Storm Drainage Pollution
Abatement Charge shall be held at or after 6:00 p.m. August 28, 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.
PASSED, APPROVED AND ADOPTED this 28' day of August, 2001.
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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 28' day of August, 2001 by the
following vote of Council:
AYES: COUNCILMEMBERS: Ferry, Smyth, Darcy, Kellar, Weste
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
CITY CLERK
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