HomeMy WebLinkAbout2004-05-25 - RESOLUTIONS - ABATE FEE HART PONY AUTO CENTE (2)RESOLUTION NO. 04-55
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 HART -PONY AUTO CENTER,
TRACT 51931-06, NW OF VALENCIA BOULEVARD AT AUTO CENTER COURT
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
WHEREAS, the charges proposed herein are not discriminatory or excessive and comply
Resolution No. 04-55
Page 2
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; and
SECTION 2: That the City hereby proposes to impose an annual fee for Site Specific
Storm Drainage Pollution Abatement Services for the Hart -Pony Auto Center,
Tract 51931-06, NW of Valencia Boulevard at Auto Center Court; 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 Hart -Pony Auto Center development shall be held at or after 6:OOp.m.
May 25, 2004, 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. 04-55
Page 3
PASSED, APPROVED AND ADOPTED this 25`" day of May, 2004.
ATTEST:
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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 25` day of May, 2004, by the following vote:
AYES: COUNCILMEMBERS: Ferry, McLean, Smyth, Weste, Kellar
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
CERTIFICATION OF
CITY COUNCIL RESOLUTION
I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that this is a true
and correct copy of the original Resolution No. 04-55, adopted by the City Council of the City of
Santa Clarita, California on May 25, 2004, which is now on file in my office.
Witness my hand and seal of the City of Santa Clarita, California, this _ day of
,20—.
Sharon L. Dawson, CMC
City Clerk
By
Susan Coffman
Deputy City Clerk