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HomeMy WebLinkAbout2002-11-26 - AGENDA REPORTS - STORMDRN FEE ELECTION (2)CITY OF SANTA CLARITA AGENDA REPORT PUBLIC HEARING City Manager Approval: Item to be presented by: Jason Smisko DATE: November 26, 2002 SUBJECT: PUBLIC HEARING FOR THE SITE SPECIFIC STORM DRAINAGE FEE ELECTION AND ADOPTING RESOLUTION, IMPOSING SITE SPECIFIC STORM DRAINAGE POLLUTION ABATEMENT FEE FOR THE CREEKSIDE DEVELOPMENT WEST OF MCBEAN PARKWAY AND NORTH OF NEWHALL RANCH ROAD, TRACT 44831, LOTS 1-22. DEPARTMENT: Planning & Building Services RECOMMENDED ACTION Conduct public hearing, adopt resolution making findings regarding election results, setting site specific Storm Drainage Utility Fees for the Creekside development. BACKGROUND On July 1, 1993, the City of Santa Clarita became subject to the federal stormwater permitting program (National Pollutant Discharge Elimination System or NPDES). The City's NPDES permit requires that the City reduce the amount of pollution entering the creeks, rivers, and ocean from storms or other sources of water that wash over lands within the City. In July 1996, the City received a new NPDES permit that included many new requirements for the City and developers to implement. One development requirement specific to the NPDES permit is the treatment (removal of pollutants) of approximately 1/4 of an inch of every rain event. On December 13, 2001, the City received the current NPDES permit that reiterates this requirement. Furthermore, the permit requires the City to insure that ongoing maintenance of these facilities will occur. At the January 4, 2000 Study Session, the City Council determined that most water quality facilities established to treat stormwater runoff will be maintained, operated, improved, or replaced privately. Under certain circumstances, however, public maintenance of water quality facilities may be desired. Private funding for maintenance of the infiltration basin and outlets at Creekside will be provided through a Site Specific Storm Drainage Pollution Abatement Fee. This is the case for Creekside because of the project's use of soil cement. Los Angeles County Department of Public Works will not take on the maintenance of outlets through soil cement and infiltration basins. On February 22, 2000, the City Council adopted an ordinance amending Title 15, Chapter 15.50 of the Santa Clarita Municipal Code Entitled: Storm Drainage Utility Enterprise Fund. This ordinance amendment gave the City of Santa Clarita the authority to establish a system of specific user charges for any water quality facilities that are site specific. These charges are in addition to the Storm Drainage Pollution Abatement Charges that are currently levied on parcels in the City and would be established for individual projects, based on the annual cost to maintain, operate, improve and /or replace the facilities. In addition, 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. Agenda Item --id In the case of the Creekside Development the property owner has decided to take a proactive role in becoming compliant with the NPDES permit. Rather than directing their urban runoff to flow into the City's storm drain system, the Creekside Development will direct its urban runoff and stormwater runoff into a filter detention basin. The annual budget for maintenance of this water quality facility includes funding for monthly inspections, landscaping and debris removal as well as annualized reserve funds for erosion control, sediment removal and revegetation, and for hazardous material removal (if required) and for sediment clean-out of five outlets to San Francisquito Creek. For the City of Santa Clarita to provide the necessary maintenance of the filter basin and outlets, the residents of the Creekside Development will be required to pay a Site Specific Storm Drainage Pollution Abatement Charge (please reference Attachment A: the Creekside Development west of McBean Parkway and north of Newhall Ranch Road, Tract 44831, Lots 1-22 Stormwater Fee Report) in addition to the Storm Drainage Pollution Abatement Charge levied on all residences in the City of Santa Clarita. Proposition 218 requires that if a new fee is imposed on a property, 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 a Site Specific Storm Drainage Pollution Abatement Fee. By signing the attached waiver, the owners of the above-mentioned property have decided to waive the notice periods for this process. Attached are the appropriate documents needed for this approval, including the signed waiver, public hearing notice, and ballot approving the site specific storm drainage utility charge for the Creekside Development. ALTERNATIVE ACTION No alternative action is identified by staff FISCAL IMPACT The anticipated annual costs associated with the maintenance for the additional water quality facility located in the Creekside Development is $26,432. Based upon the proposed development of 815 Single Family Dwellings (SFD), the annual levy will be $32.43 per parcel. This will result in anticipated additional revenues in the Stormwater Utility Fund (Fund 456) in the amount of $26,430 to recover the costs of the additional maintenance. The annual levy of $32.43 per parcel is subject to bi-annual review and adjustment based on actual expenditures. The implementation of the site specific Storm Drainage Utility Fee will coincide with the completion and with transference of the site's stormwater facility (filter detention basin) as the project is constructed. The developer has suggested that this could occur as early as May 2003. ATTACHMENTS Resolution Stormwater Fee Report. Notice of Public Hearing Notice of Public Hearing mailed ballot election Waiver Ballot OC S:\PBS\ENVSRVCS\NPDES2\ ES\Cra idc*cnda report public bemingwC 11/al /O� N E WftAgbLT#494-R*N D Hand Delivered za�j ROY 20 P 3 08 6611255-4225 RECEP ED November 13, 2002 CITY CLERK OFFICE ENVIRONMENTALRELESERVICE DIVISION CITY Mr. Oliver Cramer q CITY OF SANTA CLARITA NOV L 0 20 23920 Valencia Blvd. PLANNING AND BUILDING SERVICES Santa Clarita, CA 91355 CITY OF SANTA CLARITA LETTER OF TRANSMITTAL Attached is the signed Waiver and the Ballot for Tract 44831, Lot Numbers 1-22, Creekside. Helena Delu Project Manager, Residential Valencia Division Enclosure THE NEWHALL LAND AND FARMING COMPANY, 23623 VALENCIA BOULEVARD, VALENCIA, CA 91 355 -2194 TEL 661 .255,4000 FAx 661.255.3960 WEBSITE: www.newhalLGom WAIVER OF CERTAIN PROCEDURES RELATING TO IMPLEMENTATION OF FEES AND CHARGES FOR THE CITY OF SANTA CLARITA'S SITE SPECIFIC STORM DRAINAGE UTILITY SERVICES The Honorable Mayor and Members of the City Council City of Santa Clarita C-) 23920 Valencia Boulevard, Suite 300 -1 Santa Clarita, California 91355-2196C3 z o Subject: Tract 44831, Lots 1-22, Creekside V) V) =m ^� z ,cam o n Honorable Mayor and Councilmembers: orll try M a The undersigned are the sole owners of the real property described on Exhibit A >m P P ty (� "Propmty"), z attached hereto and incorporated herein by this reference, located within the area recently 0D 9 annexed to the City of Santa Clarita (the "City"), and we hereby agree as follows: 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 increase in stormwater drainage service fees, such notice to include: 1. The amount of the proposed additional stormwater drainage services fee to be imposed upon each parcel of land; 2. The basis upon which the amount of the proposed additional fee was calculated; 3. The reason for the additional fee; and 4. The date, time and location of the public hearing on the proposed additional fee. b. We have the right to submit at the public hearing protests against the proposed Site Specific Storm Drainage Pollution Abatement Fee. c. We have the right to vote in an election on the imposition of the proposed Site Specific Storm Drainage Pollution Abatement 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 Site Specific Storm Drainage Pollution Abatement Fee, we waive all otherwise applicable times for the conduct by you of the public hearing and the election to order the levy of the additional stormwater drainage services fee. 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, 6�2 Property S.\PES\ENV SRVCS\NPDES2\PEES\Crceksid<\WAIVER. DOC BALLOT CITY OF SANTA CLARITA, CALIFORNIA SITE SPECIFIC STORM DRAINAGE POLLUTION ABATEMENT FEE BALLOT PROCEEDING November 26, 2002 Parcel No(s): Tract 44831, Lot Numbers 1-22 Record Owner: Newhall Land & Farming Company Address: 23823 Valencia Boulevard Santa Clarita, California 91355 Proposed Fee Formula: $26,432 / 137 acres = $192.93 per acre Proposed Annual Fee: Estimated $32.43 per unit (based on the estimated construction of 815 units on Lots 1-22). This ballot represents one (1) vote. To vote, place a mark in the voting square after the word "YES" or after the word "NO." If you wrongly mark, tear, or deface this ballot, return it to the City Clerk as the election official and obtain another. STORMWATER DRAINAGE SERVICE FEE: Shall the City of Santa Clarita be authorized to impose upon the parcel(s) set forth on this ballot a Site Specific Storm Drainage Pollution Abatement Fee up to but not exceeding $32.43 per Unit, subject to an annual adjustment for inflation for April of each year, as proposed for adoption by the City of Santa Clarita, to pay for authorized public improvements and maintenance thereof, all as described in The Report, a copy of which was transmitted together with this ballot. This specific fee is in addition to the City of Santa Clarita's Storm Drainage Pollution Abatement Service Fee. YES 92 NO ❑ ERTY �WNER 1, UNSIGNED BALLOTS WILL NOT BE