HomeMy WebLinkAbout2003-06-24 - RESOLUTIONS - FEES CHARGES STORMDRN UTILITY (2)RESOLUTION NO. 03-100
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORNIA, ESTABLISHING FEES AND
CHARGES FOR STORM DRAINAGE UTILITY SERVICES
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;
WHEREAS, the Consultant's report identifies a need for average annual expenditures to
meet the NPDES permit requirements of $2,265,000;
WHEREAS, funds in this amount are not available to the City without drastically
curtailing current City services for parks, public safety, and other vital public services;
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;
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, adopt
Ordinance No. 94-7, establishing the storm drainage activity of the City as a utility enterprise as
Chapter 15.50 of the SCMC;
WHEREAS, Section 15.50.040 of the SCMC directs that the user charges for storm
drainage service be enacted by City Council resolution;
WHEREAS, the City Council intends that storm drainage user charges be in effect for
fiscal year 2003-2004;
WHEREAS, the City Council desires to have the storm drainage user charge included on
the 2003-2004 Los Angeles County property tax statement;
WHEREAS, pursuant to Government Code Section 54354.5, the specific fees to be
charged for services must be adopted by the City Council by resolution;
WHEREAS, all applicable requirements of California Government Code Section 54354.5
are hereby found to have been complied with;
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;"
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Page 2
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.
NOW THEREFORE, the City Council of the City of Santa Clarita does hereby resolve as
follows:
SECTION 1: Storm Drainage Pollution Abatement Charge Adopted. A storm drainage
pollution abatement charge shall be billed to all parcels of property in the City in accordance
with the computation formulas set forth in this resolution.
SECTION 2: Definitions. In addition to the definitions set forth in SCMC, Section
15.50.020, incorporated herein by reference, the following definitions of terms shall apply:
A. 'Base Charge." The annual storm drainage pollution abatement charge to be paid
by the average single-family residential parcel, hereinafter known as the Equivalent Drainage
Residential Unit (1 DRU).
B. "Basic Assessment Unit." The Equivalent Drainage Residential Unit is the Basic
Assessment Unit for purposes of computing the Storm Drainage Pollution Abatement Charge for
each parcel in the City. The Equivalent Drainage Residential Unit is defined as an impervious
area per parcel of 2,777 square feet.
SECTION 3: Computation of User Charges. All properties in the City are assumed to
be responsible for paying their fair and equitable share of the cost of storm drainage pollution
abatement based on the following formulas and computations:
A. DRU Computation. The DRU on a parcel shall be computed using the following
formula:
DRU Count = [(Parcel Area in Square Feet) x (Parcel Runoff Factor)] / 2777
B. Parcel Area. The gross area of each parcel shall be determined from the data
contained in the records of the Los Angeles County Assessor, by direct measurement, or by such
other means as the City Engineer may select.
C. Parcel Runoff Factor. To the extent practicable the runoff factor for each parcel
shall be the same factor as determined by the Los Angeles County Flood Control District for the
type of land use code listed, for each parcel in the records of the Los Angeles County Assessor,
provided that, the City Engineer shall determine the appropriate runoff factor for all tax exempt
properties or other properties not listed by the Flood Control District. The City Engineer may
adjust any parcel's runoff factor annually if said runoff factor is determined to not accurately
represent the contribution of a specific parcel to stormwater runoff.
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D. User Charges. After annual review of user charges, as specified in Section 10, the
City Council has determined a fee revision is warranted. The annual charge per DRU shall be
adjusted to $22.00.
E. Computation of User Charge. The annual storm drainage pollution abatement
charge to be billed to each parcel shall be based on the following formula:
1. Annual charge per DRU shall be $22.00.
2. Annual user charge per parcel shall be:
Annual Charge = $22.00 x Number of DRU for Parcel.
SECTION 4: Billing of User Charge. The Storm Drainage Pollution Abatement Charge
shall be billed on the property tax statement billed annually by the Los Angeles County Assessor.
The Charge shall appear as a separate listing on the tax statement.
SECTION 5: Collection and Enforcement.
A. The Stormwater Pollution Abatement Charge for each parcel shall be collected by
and be payable to the Los Angeles County Treasurer -Tax Collector for the 2003-2004 tax year
along with the general taxes levied for City and County purposes and shall be subject to the same
penalties and enforcement provision relating to general taxes.
B. If any portion of the levy, collection, or expenditure of the Stormwater Pollution
Abatement Charge provided for herein is declared invalid or unconstitutional, the remaining
levy, collection, or expenditure of the Stormwater Pollution Abatement Charge shall not be
affected, but remain in full force and effect.
SECTION 6: User Charge Limitation. The Storm Drainage Pollution Abatement
Charge shall not exceed the reasonable cost of providing the services, facilities, or regulatory
activity for which the fee is charged.
SECTION 7: User and Occupant Responsibility. In order to reduce the burden on the
public regarding storm water pollution and disposal, each user and occupant is required to
assume responsibility for preventing the discharge of toxic or hazardous substances and other
unnecessary debris from their property to the stormwater drainage system. Violation of this
policy will result in warnings being issued to the applicable property owner or occupant.
Repeated violations will result in a surcharge being made against the offending property owner
or occupant, as determined by the City Engineer, consistent with the reasonable cost to the City
of necessary clean up of such materials.
SECTION 8: Postponement for Senior Citizens and Disabled Citizens. The Storni
Drainage Pollution Abatement Charge shall be postponed for residential Users who possess a
certificate of eligibility issued pursuant to the Senior Citizens and Disabled Citizens Property
Tax Postponement Law (commencing at Revenue and Taxation Code Section 20581 ) contained
Resolution No. 03-100
Page 4
in Part 10.5 of Division 2 of the Revenue and Taxation Code and shall become a lien against the
User's property following the procedure contained in Government Code Section 16182, except
that the lien shall be issued in favor of the City of Santa Clarita instead of the State of California
and shall be executed and administered by the Director of Finance, instead of the Controller. To
obtain the postponement provided for in this section, the User must file the certificate of
eligibility with the Director of Finance and the Director of Finance shall arrange to have the User
Charge not appear on the tax bill and instead be made a lien against the User's Property,
SECTION 9: Adjustments and Appeals. If the owner of any parcel shall have reason to
feel that the computation of the DRU count for his/her parcel is not correct, that person may file
an appeal with the City Engineer in the manner prescribed by the City Engineer. The City
Engineer will consider all data provided by the appellant and shall render a decision in writing.
The decision of the City Engineer will be final with respect to City action on the appeal.
SECTION 10: Annual Review of User Charges. It is the intention of the City Council to
review the fees and charges as determined and set out herein based on the City's next Annual
Budget and all storm drainage costs and if warranted to revise such fees and charges based
thereon.
SECTION 11: Constitutionality. If any portion of this Resolution is declared invalid or
unconstitutional, then it is the intention of the City Council to have passed the entire resolution
and all of its component parts, and all other sections of this resolution shall remain in full force
and effect.
SECTION 12: Repealer. All resolutions and other actions of the City Council in conflict
with the contents of this resolution are hereby repealed.
SECTION 13: This resolution shall go into full force and effect upon its adoption, and
shall be subject to the terms and conditions of Chapter 15.50 of the SCMC.
PASSED, APPROVED AND ADOPTED this 24th day of June, 2003.
MAYO
ATTEST:
Ci: Y CLERK
Resolution No. 03-100
Page 5
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 24th day of June, 2003, by the following vote:
AYES: COUNCILMEMBERS: Kellar, Weste, Ferry, McLean, Smyth
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
CITY CLERK