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HomeMy WebLinkAbout2009-10-27 - ORDINANCES - ANNUAL STORMWATER FEE (2)ORDINANCE NO. 09-14 WHEREAS, the City of Santa Clarita (the "City") is empowered by Health and Safety Code Section 5471, Government Code Section 54300 et seq., Government Code Section 54999 et seq. and Chapter 15.50 of Title 15 of the City's Municipal Code (the "Code") to prescribe and collect rates and charges, including storm drainage user charges and fees for services and facilities furnished by the City in connection with its stormwater drain system; and WHEREAS, in order to better provide for storm drainage and flood control services, including pollution prevention, for the City, the City Council of the City of Santa Clarita (the "City Council") proposed to restructure its storm drainage pollution abatement charge, to be known as the "Stormwater Pollution Prevention Fee" (the "Fee"); and WHEREAS, a written report entitled, "Rate Analysis Report" and dated February 23, 2009, (the "Report") was prepared for the City by Harris & Associates and filed with the City Clerk of the City (the "City Clerk") relating to the Stormwater Drainage Utility (the "Program"), containing 1) the identification of the parcels of land within the City upon which the Fee should be imposed (the "Identified Parcels"), 2) the method for determining the amount of -the -Fee to be -imposed -each year upon the Identified -Parcels as.a source.of funding for such storm drainage and flood control services, including but not limited to services with which to manage stormwater runoff so as to better protect life and property within the City, and 3) the proposed amount of the Fee for 2009-10 and the maximum annual amount thereafter to be imposed on the Identified Parcels; and WHEREAS, by its Resolution No. 09-16, adopted on March 10, 2009, the City Council accepted the Report, scheduled a public hearing regarding the Report, the Program, and the proposed restructured Fee for May 26, 2009, and directed the City Clerk to provide published and mailed notice of the public hearing; and WHEREAS, the Fee would continue to be collected on the County of Los Angeles tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, the general taxes of the City in the manner prescribed by Sections 5473 et of the California Health and Safety Code, as provided in Chapter 15.050 of the Code; and WHEREAS, in compliance with the provisions of Section 6 of Article XIIID of the California Constitution ("Section 6" and "Article XIIID," respectively), the Proposition 218 Omnibus Implementation Act (Government Code Section 53750, et seq.) (the "Implementation Act") and the Code, the City Council, on May 26, 2009 and continued to June 9, 2009, conducted AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AUTHORIZING AND ADOPTING THE RESTRUCTURING AND LEVY OF ITS ANNUAL STORMWATER POLLUTION PREVENTION FEE WHEREAS, the City of Santa Clarita (the "City") is empowered by Health and Safety Code Section 5471, Government Code Section 54300 et seq., Government Code Section 54999 et seq. and Chapter 15.50 of Title 15 of the City's Municipal Code (the "Code") to prescribe and collect rates and charges, including storm drainage user charges and fees for services and facilities furnished by the City in connection with its stormwater drain system; and WHEREAS, in order to better provide for storm drainage and flood control services, including pollution prevention, for the City, the City Council of the City of Santa Clarita (the "City Council") proposed to restructure its storm drainage pollution abatement charge, to be known as the "Stormwater Pollution Prevention Fee" (the "Fee"); and WHEREAS, a written report entitled, "Rate Analysis Report" and dated February 23, 2009, (the "Report") was prepared for the City by Harris & Associates and filed with the City Clerk of the City (the "City Clerk") relating to the Stormwater Drainage Utility (the "Program"), containing 1) the identification of the parcels of land within the City upon which the Fee should be imposed (the "Identified Parcels"), 2) the method for determining the amount of -the -Fee to be -imposed -each year upon the Identified -Parcels as.a source.of funding for such storm drainage and flood control services, including but not limited to services with which to manage stormwater runoff so as to better protect life and property within the City, and 3) the proposed amount of the Fee for 2009-10 and the maximum annual amount thereafter to be imposed on the Identified Parcels; and WHEREAS, by its Resolution No. 09-16, adopted on March 10, 2009, the City Council accepted the Report, scheduled a public hearing regarding the Report, the Program, and the proposed restructured Fee for May 26, 2009, and directed the City Clerk to provide published and mailed notice of the public hearing; and WHEREAS, the Fee would continue to be collected on the County of Los Angeles tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, the general taxes of the City in the manner prescribed by Sections 5473 et of the California Health and Safety Code, as provided in Chapter 15.050 of the Code; and WHEREAS, in compliance with the provisions of Section 6 of Article XIIID of the California Constitution ("Section 6" and "Article XIIID," respectively), the Proposition 218 Omnibus Implementation Act (Government Code Section 53750, et seq.) (the "Implementation Act") and the Code, the City Council, on May 26, 2009 and continued to June 9, 2009, conducted a public hearing on the matters of the Program, the proposed Fee and any other aspect of the Report and has taken testimony, both written and oral; and WHEREAS, following a determination that there was not a majority protest, the City Council ordered a change in the fee methodology for parcels in the "single-family residential -rural" land use category, adopted its Resolution No. 09-50 ("Resolution No. 09-50"), confirming the Report, calling a special mail ballot election for August 25, 2009 (the "Election"), and adopting procedures for the conduct of the Election (the "Election Procedures"); and WHEREAS, pursuant to and in conformity with the Election Procedures, the ballots and related election materials were mailed to the owners of the Identified Parcels, said mailing having been completed on July 10, 2009, as evidenced by a certificate of mailing on file with the City Clerk; and WHEREAS, following the close of the Election on August 25, 2009, the City Clerk supervised the opening, examination and counting of the ballots received and submitted to the City Council an official canvass of the ballots which confirmed that the measure was passed; and WHEREAS, by resolution adopted on September 8, 2009, the City Council has declared that the ballot measure to authorize the restructuring and levy of the Fee, as described and subject to the terms and conditions of the prescribed by the Report, is passed, and the City Council wishes by this ordinance to provide for the adoption of the restructuring, levy, and collection of the Fee, beginning with the fiscal year 2010-11. THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Recitals True and Correct. The foregoing recitals are true and correct, and the City Council hereby so finds and determines. SECTION 2. Restructured Fee Established and Levied. Commencing with the fiscal year 2010-11, the annual Stormwater Pollution Prevention Fee is hereby levied upon each Identified Parcel as provided in the Report (on file in the Environmental Services Division as Exhibit "A") and incorporated herein by this reference. The Report is hereby approved. The amount of the Fee shall be computed annually for each Identified Parcel as provided in the Report. SECTION 3. Annual Procedure for Determination of Fees to be Levied. a) The procedure for making the annual determination of the amount of the Fee to be levied upon each Identified Parcel shall be as prescribed by the Code and the Report. The amount of the Fee is $21.50 per Equivalent Residential Unit (ERU) for fiscal year 2009-2010. b) In no event shall the maximum rate be increased beyond the rate approved by a majority of property owners subject to the Fee without further voter approval as 2 year 2010-2011, the maximum rate for the Fee shall be annually increased by an amount equal to Consumer Price Index for All Urban Consumers, for the Los Angeles, Riverside, and Orange County areas. Without voter approval, in any year, the City Council may do any of the following:: a) discontinue the Fee, b) reduce the actual rate imposed below the maximum rate authorized, c) increase the rate up to or below the maximum voter -authorized rate if it has been previously set below such rate. The City Council shall not be required to include an inflation increase in each year but may accumulate the inflationary increase and enact the cumulative amount. In no event shall the City Council increase the rate in excess of the maximum rate approved by the voters -without -voter approval required by Section 6 of Article XIIID. c) The Fee shall not be deemed to be increased in the event 'the actual fee upon a parcel in any given year is higher due to zone change or an increase in the impervious area of the parcel. SECTION 4. Collection of Fee. Commencing with fiscal year 2010-11, the Fee levied upon each Identified Parcel shall be continued to be collected for each fiscal year on the County of Los Angeles tax roll; provided however, in any year the City Council may, by resolution, provide for an alternative procedure for collection of the Fee. For any fiscal year that the Fee is not collected on the tax roll, the City may collect all or a portion of the Fee for such year on the tax roll the following fiscal year or years. SECTION 5. Transmittal to County Auditor. On or before August 10th of each year, or such other --earlier deadline as the Los Angeles County Auditor -(the .."County Auditor"_) may prescribe, in which the City proposes to collect the Fee on the tax roll, commencing with the fiscal year 2010-11, the City Clerk shall cause the filing with the County Auditor of the list of Identified Parcels and the amount of the Fee to be posted to the tax roll for collection, together with such additional information and in such format as the County Auditor customarily requires. SECTION 6. Severability. If any one or more of the terms, provisions, or sections of this Ordinance shall to any extent be judged invalid, unenforceable, and/or voidable for any reason whatsoever by a court of competent jurisdictions, then each and all of the remaining terms, provisions, and sections of this Ordinance shall not be affected thereby and shall be valid and enforceable. SECTION 7. Non -Exclusivity. Nothing in this Ordinance shall limit or preclude the enforcement of other applicable laws. SECTION 8. Effectiveness. This Ordinance shall be in full force and effective thirty (30) days from its passage and adoption. SECTION 9. Publication. The City Clerk is directed to cause this Ordinance to be published within 15 days of its passage in a newspaper of general circulation published and circulated within the City of Santa Clarita. 3 PASSED, APPROVED AND ADOPTED this 27th day of October, 2009. /'j /Z'-� I MAYOR ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Sharon L Dawson, MMC, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. 09-14 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 13th day of October, 2009. That thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council on the 27th day of October, 2009, by the following vote, to wit: AYES: COUNCILMEMBERS: Kellar, McLean, Ender, Weste NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Ferry AND I FURTHER CERTIFY that the foregoing is the original of Ordinance No. 09-14 and was published in The Signal newspaper in accordance with State Law (G.C. 40806). CITY CLERK Dated C! 1 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) CERTIFICATION OF CITY COUNCIL ORDINANCE 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 Ordinance No. 09-14, adopted by the City Council of the City of Santa Clarita, CA on October 27, 2009, 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, MMC City Clerk By Susan Caputo, CMC Deputy City Clerk 1