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HomeMy WebLinkAbout2009-09-08 - RESOLUTIONS - SIERRA HWY SEWER FEE (2)RESOLUTION 09-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, ESTABLISHING THE SIERRA HIGHWAY SEWER CONNECTION FEE WHEREAS, RC Enterprises (Developer) has oversized a sanitary sewer main line along Sierra Highway approximately 1.5 miles to the south of Newhall Avenue and extending '/ mile north of Dockweiler Drive, as a condition of approval of development; and WHEREAS, the Developer has requested reimbursement from surrounding property owners who benefit from and choose to connect to the sanitary sewer improvements; and WHEREAS, these sewer improvements are necessary for the health and safety of local residents within the Sierra Highway Sewer Area; and WHEREAS, the Developer has hired a.consultant to conduct a_ fair -share study (Study), which accompanies the staff report, to determine the benefiting property owners' proportionate share of costs for the sewer line based on Equivalency Connection Units (ECUs). The Study describes a Connection Fee and an Administrative Fee; and WHEREAS, the Connection Fee is to reimburse the Developer for costs not attributable to its development project, but for surrounding property owners and future development that benefit from and connect to the oversized sewer line; and WHEREAS, the total construction costs of the sewer line and associated administrative costs is $653,658; and WHEREAS, pursuant to the Mitigation Fee Act, Government Code Section 66016, the Connection Fee and Administrative Fee described in the Study do not exceed the reasonable costs of providing the service. NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby resolve as follows: SECTION 1. Recitals. The above recitals are true and correct. SECTION 2. Connection Fee. Benefiting property owners, within the Sierra Highway Sewer Area, as such area is defined in the Study, that connect to the sewer line, with the exception of the Developer, shall be required to pay a fee to connect to the sewer main line and an Administrative fee. The amount of the Connection Fee shall be calculated using the appropriate number of ECUs at the time of connection for the proposed project and is payable upon obtaining a lateral sewer permit from Building and Safety. The Connection Fee for the south main line per ECU is $90.33 and for the north main line is $700.86. The Administrative Fee is $83.30 per request to connect to'.. the ,sewer,Iine. The Connection Fee and Administrative Fee for the connection to the Sierr�'Ilglway,sewer line is _. $76.65 per application and will be subject to annual escalation each .fikal'-year ^based on the Consumer Price Index (CPI) for all urban consumers in the Los Angeles -Riverside -Orange County for the December of the preceding fiscal year. The Sierra Highway Sewer Connection Fee Roll, detailing each parcel's proposed Connection Fee, within the Sierra Highway Sewer Area, is on file with the City Clerk and open for public inspection. Should the assigned ECUs per parcel change as a result of development, a new ECU calculation for that parcel will be perfonned and the corresponding Connection Fee and its associated Administrative Fee will be calculated and collected. Additionally, if future development results in a number of units that is different from the amount assigned in the report, the sewer connection fee per ECU will be recalculated and proportionally adjusted for each of the new units so that there is no loss in revenue that will be reimbursed to the Developer. SECTION 3. Use of Fee, The proceeds of the Connection Fee shall be used to reimburse .the Developer for the costs of sewer improvement. The Developer will be reimbursed no later than thirty days of the City's collection of payment from the benefiting property owners. The proceeds of the administrative fee shall be used to defray the City's administrative costs. SECTION 4. Tennination of Fee. The sewer connection fee will terminate in 20 years on November 9, 2029, or when payments to the developer total $589,529.31; whichever occurs first. This total reimbursement amount represents the difference between the total project costs less the developer's amount to connect. If 75 percent of the total project cost adjusted by the Consumer Price Index has not been collected by November 9, 2029, the developer has the option to make a written request to the City within 60 days of the original termination date to extend the connection fee for an additional 10 years. Under no circumstances shall the collection and reimbursement of the connection fee to the developer be extended past November 9, 2039. SECTION 5. Boundaries. The general location and boundaries of the Sierra Highway Sewer Connection Fee area are shown on maps on file in the office of the City Clerk and are incorporated herein by reference and open to public inspection. SECTION 6. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 8tl>dgy of Septerr� r, 2009. AYOR ATTEST: CITY CLERK-, r• 2 :s STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES CITY OF SANTA CLARITA ) I, Sharon L. Dawson, MMC, 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 8th day of September, 2009, by the following vote: AYES: COUNCILMEMBERS: Weste, McLean, Ender, Ferry NOES: COUNCILMEMBERS: None RECUSED: COUNCILMEMBERS: Kellar ABSENT: COUNCILMEMBERS: None 1 1 3 IL4514 2 91*-� CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES 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 09-79 adopted by the City Council of the City of Santa Clarita, California on September 8, 2009, which is now on file in my office. Witness my hand and seal of the City of Santa Clarita, California, this _ day of 2009. rd Sharon L. Dawson, MMC City Clerk By Susan Caputo, CMC Deputy City Clerk M