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HomeMy WebLinkAbout2004-05-25 - AGENDA REPORTS - STORMDRN UTILITY FEES HART PON (2)Agenda Item:$ CITY OF SANTA CLARITA AGENDA REPORT PUBLIC HEARING City Manager Approval: Item to be presented by: DATE: May 25, 2004 SUBJECT: PUBLIC HEARING FOR THE SITE SPECIFIC STORM DRAINAGE POLLUTION ABATEMENT FEE ELECTION AND ADOPTING RESOLUTION, IMPOSING SITE SPECIFIC STORM DRAINAGE POLLUTION ABATEMENT FEE FOR THE HART -PONY AUTO CENTER, TRACT 51931-06, NORTH -WEST - OF VALENCIA BOULEVARD AT AUTO CENTER COURT DEPARTMENT: Field Services RECOMMENDED ACTION City Council conduct public hearing, adopt resolution making findings regarding election results, setting site specific Storm Drainage Utility Fees for the Hart -Pony Auto Center. 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 removal of pollutants from the first 3/4 of an inch of every rain event by way of treatment. 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 filtration devices and conveyances will occur. At the January 4, 2000 Study Session, the City Council determined that most water quality filtration devices established to treat stormwater runoff will be maintained, operated, improved, Il 1 1 1�„ • �i or replaced privately. Under certain circumstances, however, public maintenance of water quality facilities and conveyances may be desired. Private funding for maintenance of outlets at the Hart -Pony Auto Center will be provided through a "Site Specific Storm Drainage Pollution Abatement Fee" by way of this Resolution. This is the case for the Hart -Pony Auto Center which falls under the requirements of the North Valencia I Development Agreement. This Development Agreement requires the City to maintain all outlets through soil cement in the North Valencia I area. 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. The Hart -Pony Auto Center will direct its urban runoff and stormwater runoff into filtration devices which will drain through four pipes into the Santa Clara River. The annual budget for maintenance of these four pipes includes funding for monthly inspections and debris removal. For the City of Santa Clarita to provide the necessary maintenance of the these four outlets, the owners of the Hart -Pony Auto Center will be required to pay a Site Specific Storm Drainage Pollution Abatement Charge (please reference Attachment A: the Hart -Pony Auto Center, Tract 51931-06, Stormwater Fee Report) in addition to the Storm Drainage Pollution Abatement Fee levied on all property owners 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 a copy of the ballot sent to the current Hart -Pony Auto Center owner. ALTERNATIVE ACTION No alternative action is identified by staff. FISCAL IMPACT The anticipated annual cost associated with the maintenance of the four outlets into the Santa Clara River located in the Hart -Pony Auto Center is $6,000. Based upon the proposed development of four lots, the annual levy will be $1,500 per parcel. This will result in anticipated additional revenues in the Stormwater Utility Fund (Fund 456) in the amount of $6,000 to cover the costs of the additional maintenance. The annual levy 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 of the site's stormwater filtration devices as the project is constructed. ATTACHMENTS Resolution Stormwater Fee Report Public Notice Notice of Public Hearing and Mailed Ballot Election Ballot Waiver CITY OF SANTA CLARITA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN: A Public Hearing will be held by the City Council of the City of Santa Clarita in the City Hall Council Chambers, 23920 Valencia Blvd., I" Floor, Santa Clarita, California, on the 25`h day of May, 2004, at or after 6:00 p.m. to consider the Site Specific Storm Drainage Fee Election and Adopting Resolution Canvassing Ballots, imposing Site Specific Storm Drainage Pollution Abatement Fee for the Hart -Pony Auto Center, Tract 51931- 06, North-West of Valencia Boulevard at Auto Center Court. Proponents, opponents, and any interested persons may appear and be heard on this matter at that time. Further information may be obtained by contacting Oliver Cramer, Environmental Analyst at (661) 255-4904, Environmental Services Division, 23920 Valencia Blvd. Suite 300, Santa Clarita, CA 91355. If you wish to challenge this action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council, at, or prior to, the public hearing. Dated: April 28, 2004 Sharon L. Dawson, CMC City Clerk Publish Dates: May 9, 2004 and May 16, 2004 City of Santa Clarita NOTICE OF A PUBLIC HEARING AND MAILED BALLOT ELECTION INFORMATION RELATING TO: SITE SPECIFIC STORM DRAINAGE POLLUTION ABATEMENT FEE FOR THE HART -PONY AUTO CENTER, TRACT 51931-06, NORTH-WEST OF VALENCIA BOULEVARD AT AUTO CENTER COURT Dear Property Owner: Public Hearine NOTICE IS HEREBY GIVEN THAT ON THE 25th DAY OF MAY, 2004, AT OR AFTER THE HOUR OF 6:00 P.M. IN THE COUNCIL CHAMBERS OF THE CITY COUNCIL IN THE CITY HALL, 23920 VALENCIA BOULEVARD, SANTA CLARITA, CALIFORNIA, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA WILL CONDUCT A PUBLIC HEARING AT WHICH TIME ANY AND ALL PERSONS HAVING OBJECTIONS TO THE IMPOSITION OF THE SITE SPECIFIC STORM DRAINAGE POLLUTION ABATEMENT FEE FOR THE HART -PONY AUTO CENTER, TRACT 51931-06, NORTH-WEST OF VALENCIA BOULEVARD AT AUTO CENTER COURT MAY APPEAR AND SHOW CAUSE WHY SAID FEE SHOULD NOT BE SUBMITTED TO THE QUALIFIED ELECTORS FOR A VOTE. THE CITY COUNCIL SHALL CONSIDER ALL ORAL TESTIMONY AND WRITTEN PROTESTS. WRITTEN PROTESTS MUST BE FILED WITH THE CITY CLERK PRIOR TO THE CONCLUSION OF THE PUBLIC HEARING. IF A MAJORITY PROTEST IS NOT HAD, THE CITY COUNCIL WILL CANVASS THE BALLOTS CAST BY THE QUALIFIED ELECTORS. Land owned by you, or in which you have an interest, is within the lands proposed to be assessed to pay the Site Specific Storm Drainage Pollution Abatement Fee as described in this notice. Therefore, the City Council of the City of Santa Clarita (the "City Council") has called a Ballot Proceeding for the imposition of the Site Specific Storm Drainage Pollution Abatement Fee. This is an all -mailed or personal delivery ballot proceeding, and the ballots are being mailed or personally delivered to the persons or entities listed on the Los Angeles County Assessor's latest equalized assessment roll, as updated by information known to the City of Santa Clarita (the "City") and the County of Los Angeles. The ballots are being distributed based on the names and addresses designated on the assessment roll or as otherwise updated. Any parcels with a common name and address were combined for voting purposes. Every holder of title to land situated within the area wherein the Site Specific Storm Drainage Pollution Abatement Fee is proposed to be levied as of official date of acceptance of basin and public improvements, or his or her legal representative is entitled to cast a ballot. Each qualified property owner has been issued one ballot, which entitles that property owner to vote his or her total number of parcels. Reason for the Fee The City is required to undertake an extensive program to improve the water quality of its runoff under the National Pollution Discharge Elimination System (NPDES) permitting process. All properties in the City benefit from the existence of the City's storm drainage system because these properties contribute storm and surface water runoff to the City's storm drainage system as a result of impervious and semi -pervious nature of the property. Feasibility studies indicated that a need exists for additional funding for the Stormwater Management Plan of the City and that the establishment of a storm drainage utility enterprise with user fees and charges is the most equitable method of providing this funding. Existing City funds and funding sources, including the standard stormwater drainage source fee, are insufficient to fund the identified additional needs for operation and maintenance of the additional water quality facilities within the storm drainage system that services your property. Municipalities are authorized under California Government Code Section 54300 (the State Revenue Bond Law of 1941) to establish fees and charges for funding storm drainage improvements and the operation and maintenance thereof. Fees for storm drainage maintenance and improvements are also authorized under the California Health and Safety Code, section 5471. Cost of Maintenance The total estimated cost, based on Fiscal Year 2003-2004 amounts, for the additional stormwater facilities is: $6,000 for the Hart -Pony Auto Center, Tract 51931-06, North- West of Valencia Boulevard at Auto Center Court. The proposed assessment on your parcel(s) is set forth on the included ballot. See your ballot for specific amount assessed against your property. Basis of Fee Calculation The annual Site Specific Storm Drainage Pollution Abatement Fee to be billed to each parcel shall be based on the number of current undeveloped parcels within the proposed development. The fees will be based on the annual maintenance expenses for the facilities to be levied on the undeveloped parcels on a per acre basis. Each development will be responsible for the fees to maintain the facilities within their respective developments. The fees for the additional stormwater related facilities will be placed on the vacant land within Hart -Pony Auto Center, Tract 51931-06, North-West of Valencia Boulevard at Auto Center Court (the Development) at a rate of $1_00 per parcel. The fee will be subject to an annual Consumer Price Index (CPI), for April of each year, adjustment provided, however the fee will never exceed the reasonable cost for providing the service. Should the undeveloped land remain vacant and the facilities not installed, or the undeveloped land developed but without the additional facilities the additional fee will not be collected. Should the land develop, with the additional facilities installed and building permits issued, the fees will be divided among all parcels equally. The final per parcel fee will vary depending upon the number of parcels created. (Based on a current projection of 4 parcels, the annual fee of $1,500 per Parcel will be imposed). This fee is in addition to the existing Storm Drainage Pollution Abatement Fee currently in place. Ballot Procedure At any time prior to the time set for the public hearing, any property owner liable to be assessed under the proposed fee may submit a written ballot in favor of or against the proposed fee. Ballots must contain a description of the property in which the property owner is interested sufficient to identify the property, and, if the signers are not shown on the last equalized assessment roll as the owners of the property, the ballot must also contain, or be accompanied by, written evidence that the signers are the owners of the property. If more than one-half (1/2) of the ballots are submitted against the proposed fee, the City Council shall not impose the fee. Proceedings Inquiries For additional information relating to the Site Specific Storm Drainage Pollution Abatement Fee, you may contact Oliver Cramer at (661) 255-4904, or the City of Santa Clarita, Environmental Services Division, 23920 Valencia Boulevard, Suite 300, Santa Clarita, California, 91355. Instructions to Ballot Recipients 1. Vote your official ballot by placing a mark in the voting square opposite your choice with a pen or pencil. 2. If you tear your ballot or make an error in voting, you may secure another by surrendering the ballot you spoiled, in person or by mail, at the address below, or by executing an affidavit to the effect that you lost your ballot, and you will be given another ballot. 3. Your completed ballot must be returned before the close of the public hearing scheduled at or after 6:00 p.m. on May 25, 2004, to the office of the City Clerk of the City of Santa Clarita at 23920 Valencia Boulevard, Santa Clarita, California 91355. Ballots received after the close of the public hearing will not be considered. YOU WILL RECEIVE ONLY ONE BALLOT, BUT THAT BALLOT MAY HAVE A VALUE OF MORE THAN ONE VOTE. DATED: S:F MSVCSENVSRVCSN DES2F ME a -Po, Aura CewerN flce vW bal lG c BALLOT CITY OF SANTA CLARITA, CALIFORNIA SITE SPECIFIC STORM DRAINAGE POLLUTION ABATEMENT FEE BALLOT PROCEEDING May 25, 2004 Parcel No(s): Tract 51931-06, Hart -Pony Auto Center Record Owner: Newhall Land & Farming Company Address: 23523 Valencia Boulevard Santa Clarita, California 91355 Proposed Fee Formula: $6,000 / 4 parcels = $1,500 per parcel Proposed Annual Fee: Estimated $1,500 per parcel (based on planned construction). 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 $1,500 per Parcel, 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 X NO ❑ The Newhall Land and Farming C (A California limited partnership) By: NWHL GP LLC Its: General Partner —1—OL1 ER/DATE Vice SIGNATURE OF pROgW OWNER/DATE Assistant Secretary UNSIGNED BALLOTS WILL NOT BE COUNTED 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 23920 Valencia Boulevard, Suite 300 Santa Clarita, California 91355-2196 Subject: Hart -Pony Auto Center, Tract 51931-06 Honorable Mayor and Councilmembers: n 0 'n u The undersigned are the sole owners of the real property described on ExhibitlA (the "Property"), attached hereto and incorporated herein by this reference, locat(W within- fic City of Santa Clarita (the "City"), and we hereby agree as follows: n 1. 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. 3. 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, Ma 6 2004 to wner DAN N. BRYANT Vice President The Newhall Land and Farming Company yy(A�[VCalifornia limited partnership) S.\FIELDSVCS\ENVSRVCS\NPDES2\FEES\Hart-Pony AutoBCdf,ter\W`niveI AL CSP LLC' It's: General Partner