HomeMy WebLinkAbout2002-11-26 - RESOLUTIONS - STORMDRN CREEKSIDE FEES (2)RESOLUTION NO. 02-161
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, 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 CREEKSIDE DEVELOPMENT WEST OF
MCBEAN PARKWAY AND NORTH OF NEWHALL RANCH ROAD,
TRACT 44831, LOTS 1-22
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
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 north of Newhall
Ranch Road, Tract 44831, Lots 1-22 Creekside development; and
WHEREAS, the City Council has examined and considered the Stormwater Fee
Report; and
Resolution No. 02-161
Page 2
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 218, 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 Creekside development west
of McBean Parkway and north of Newhall Ranch Road, Tract 44831, Lots 1-22 (Creekside);
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 Creekside development shall be held at or after 6:00 p.m.
November 26, 2002, 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.
Resolution No. 02-161
Page 3
'— PASSED, APPROVED AND ADOPTED this 26th day of November, 2002.
ATTEST:
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Sharon L. Dawson, CMC, 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 26th day of November, 2002, by the
following vote:
AYES: COUNCILMEMBERS: Kellar, Smyth, Weste, McLean, Ferry
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
CITY CLERK
Pbs/envsrvcs/npdes2lfees/creekside/resolution 2.doc