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HomeMy WebLinkAbout2009-03-10 - RESOLUTIONS - STORMDRN USER FEE RESTRUCTURE (2)RESOLUTION NO. 09-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, PRELIMINARILY ACCEPTING A REPORT RESPECTING PROPOSED RESTRUCTURING OF THE CITY'S STORM DRAINAGE USER FEE, DESIGNATING A TIME AND PLACE FOR HEARING PROTESTS IN CONNECTION WITH A PROPOSED STORMWATER POLLUTION PREVENTION FEE, APPROVING PROCEDURES IN CONNECTION THEREWITH, AND TAKING CERTAIN OTHER ACTIONS 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") is considering a proposal 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") has been prepared for the City by Harris & Associates and filed with 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 (the "Fee Schedule") 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 storm water 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 (the "Fee Amount"); and WHEREAS, the Report is on file in the office of the City Clerk and is available for public inspection; 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 seg. of the California Health and Safety Code, as provided in Chapter 15.050 of the Code. 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 seg.) (the "Implementation Act") and the Code, the City Council wishes to conduct a public hearing to hear public testimony about the Report and any related matters respecting the Program, including but not limited to the Identified Parcels, the Fee Schedule, and the Fee Amount, and to receive written protests and consider all protests against the proposed Fee. NOW, THEREFORE, the City Council of the City of Santa Clarita, California, does hereby resolve as follows: SECTION 1. Hearing Date, Time, and Place. The City Council hereby establishes Tuesday, May 26, 2009, at 6 o'clock p.m., or as soon as thereafter as may be heard, in the Chambers of the City Council of the City of Santa Clarita, located at Santa Clarita City Hall, at 23920 Valencia Boulevard, Santa Clarita, California 91355-2196, as the date, time, and place for a public hearing to consider the recommendations set forth in the Report and any related matters respecting the Program, Identified Parcels, the Fee Schedule and the Fee Amount, and to receive written protests and consider all protests against the proposed Fee. SECTION 2. Adoption of Notice and Hearing Procedures. Section 6 imposes certain procedural requirements relating to the imposition of property -related fees and charges (as defined in Article XIIID), such as the Fee, including the requirement to conduct a public hearing for consideration of all protests against the proposed Fee. In furtherance of assuring compliance with the requirements of Section 6 as applied to the proposed imposition of the Fee, and in furtherance of providing full notice to interested persons as to the procedures the City Council intends to follow with respect to the public hearing established by this resolution and the notices of hearing to be published and mailed to the owners of the Identified Parcels, the City Council hereby approves the "Procedures for Mailed and Published Notices of Hearing; Conduct of the May 26, 2009, Public Hearing; and Count of Written Protests Relating to the Stormwater Pollution Prevention Fee," as set forth in Exhibit A, attached hereto and incorporated herein by reference (the "Notice and Hearing Procedures"). SECTION 3. Conduct of Public Hearing. At the above-described public hearing, all interested persons shall be afforded the opportunity to be heard, and the City Council shall consider all protests against the Identified Parcels, the Fee Schedule, the Fee Amount, or any other aspect of the Report or the Program. If written protests (as defined in the Notice and Hearing Procedures) against the Fee are presented by a majority of owners of the Identified Parcels, the City Council shall not impose the Fee. In the absence of a majority protest, the City Council may submit the Stormwater Pollution Prevention Fees to a vote of the property owners in accordance with Article XIIID. SECTION 4. Notice of Public Hearing. The City Clerk is hereby authorized and directed to cause the preparation, mailing, and publication of notice of hearing in accordance with the Notice and Hearing Procedures, and upon completion of same, shall cause the preparation and filing in the City Clerk's official records of these proceedings of suitable affidavits or certificates of compliance respecting the same. SECTION 5. Report. Reference is hereby made to the Report, which is on file in the office of the City Clerk and is hereby made a part hereof and incorporated herein in its 2 1 1 1 entirety, for a list of the Identified Parcels, a full and detailed description of the Fee Schedule and the Fee Amount. SECTION 6. Effectiveness. This Resolution shall take effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED this 10th day of March, 2009. /A-zt-1 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 Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 10th day of March, 2009, by the following vote: AYES: COUNCILMEMBERS: McLean, Ender, Kellar, Weste NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Ferry 3 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. 09-16, adopted by the City Council of the City of Santa Clarita, California on March 10, 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 1 1 EXHIBIT A PROCEDURES FOR MAILED AND PUBLISHED NOTICES OF HEARING, CONDUCT OF THE MAY 26, 2009, PUBLIC HEARING, AND COUNTING OF WRITTEN PROTESTS RELATING TO THE STORMWATER POLLUTION PREVENTION FEE Introduction These Notice and Hearing Procedures are adopted for the purposes of assuring compliance with the requirements of Section 6 as applied to the proposed restructuring and imposition of the Stormwater Pollution Prevention Fee (the "Fee") on the Identified Parcels within the City and in furtherance of providing full notice to interested persons as to the procedures the City Council intends to follow with respect to a) the mailed and published notices of hearing respecting the public hearing being held on May 26, 2009 (the "Public Hearing"), b) the conduct of the Public Hearing, and c) the counting of written protests following the close of the Public Hearing (including any continuances of the Public Hearing, if any) to determine whether or not there is a majority protest respecting the Fee. All capitalized terms in this Exhibit A not otherwise defined herein shall have the meanings given them in Article XIIID or in the resolution of the City to which this Exhibit A is attached. Notices of Hearing Mailed Notices. Notice of the Public Hearing shall be sent, postage prepaid, by first class mail at least forty-five (45) days prior to May 26, 2009, to the Record Owner (as defined in Article XIIID) of each Identified Parcel; provided that, in measuring the 45 -day period, the day on which mailing is completed may not be counted, but the date of May 26 may be counted. Notices shall be mailed to the Record Owners of the Identified Parcels, as said names and addresses appear on the Assessment Roll, and, in the case of any public entity, the State of California, or the United States, addressed to the public entity at the address of that entity known to the City. In addition, notices shall be mailed to owners of the Identified Parcels, addressed to the names and addresses known to the City Clerk, if different than shown on the Assessment Roll. Each mailed notice shall contain all of the following: o A reference to filing of the Report. o The date, time, and place of the Public Hearing. o The amount of the proposed Fee for fiscal year 2009-10, and a formula to determine the maximum annual amount thereafter to be imposed upon the Identified Parcel covered by the notice. A-1 o A statement of the basis upon which the amount of the proposed Fee was calculated. o A statement of the reason for the proposed Fee. El A statement that the proposed Fee will be collected on the County of Los Angeles tax roll each year. The City Clerk, or the designee of the City Clerk, may certify the proper mailing of notices by an affidavit, which shall constitute conclusive proof of mailing in the absence of fraud. Failure of any person to receive notice shall not invalidate the proceedings. Published Notice. Notice of the filing of the Report and the Public Hearing shall be published once a week for two successive weeks in The Signal newspaper, with the first publication at least fourteen (14) days prior to the Public Hearing, and with at least five (5) days intervening between the first and second publications. Eligibility_ to File a Written Protest The Assessment Roll shall be presumptive evidence of ownership of an Identified Parcel for written protest purposes. If an owner of any Identified Parcel is not shown on the Assessment Roll, such owner may establish eligibility to file a written protest for such parcel by filing with the City Clerk a proxy from the Record Owner in a form satisfactory to the City Attorney of the City ("City Attorney"), or evidence of ownership satisfactory to the City Attorney. Any such proxy or evidence must be received by the City Clerk prior to the conclusion of the Public Hearing. When an Identified Parcel is held by a partnership, as community property, in joint tenancy, or as a tenancy in common, any partner, spouse, joint tenant, or tenant in common, as the case may be, may file a written protest for such parcel. An executor, administrator, or guardian may file a written protest for an Identified Parcel on behalf of the estate it represents. If such representative is shown on the Assessment Roll as paying taxes levied against the parcel, that fact shall establish the right of such representative to file the written protest. If such representative is not shown on the Assessment Roll, the representative must file with the City Clerk written documentation satisfactory to the City Attorney establishing the legal representation. Any such documentation must be filed with the City Clerk prior to the conclusion of the Public Hearing. When an Identified Parcel is held by a corporation or unincorporated association, a written protest may be filed by any person authorized in writing by the board of directors or trustees or other managing body thereof to take such actions. The corporation or unincorporated association must file with the City Clerk written authorization satisfactory to the City Attorney. Any such written authorization must be filed with the City Clerk prior to the conclusion of the Public Hearing. Submission of Written Protests Written protests may be mailed (via U.S. mail) to the City Clerk, in care of the City Clerk of the City of Santa Clarita at City Hall or delivered in person to City Clerk at the office of the City Clerk of the City of Santa Clarita at City Hall or at the Public Hearing. Written protests delivered via e-mail will NOT be counted for purposes of determining whether a majority protest exists, but the City Council may, in its discretion, consider such written protests in making determinations regarding the proposed Fee. Each written protest must identify the property covered by the protest and be signed. No written protest received by the City Clerk after the close of the Public Hearing shall be counted in determining the existence of a majority protest. To ensure that written protests which are mailed or delivered to the office of the City Clerk at the City Hall are received by the City Clerk prior to the close of the Public Hearing, such written protests must be received by the City Clerk at the City Hall prior to five o'clock p.m. on the date scheduled for the Public Hearing. The City Clerk shall endorse on each written protest the date it is filed. The City Clerk shall identify any written protests which are received after the close of the Public Hearing. Written protests may be withdrawn in writing at any time prior the close of the Public Hearing by the person who submitted the written protest. All written protests received by the City Clerk and not withdrawn prior to the close of the Public Hearing shall be considered public records. Conduct of the Public Hearing; Determination of a Majority Protest 1. At the time, date, and place fixed for the Public Hearing, the City Council shall: a) Hear a staff presentation pertaining to the Program and the Report. b) Hear all persons interested in the matter of any aspect of the Program or the Report. c) Receive all written communications regarding the Program or the Report. 2. The Public Hearing may be continued from time to time, as the City Council determines is necessary to complete its consideration of the Program and the Report. 3. If the City Council determines at the close of the Public Hearing that written protests have been presented, and not withdrawn, by owners or authorized representatives of owners of a majority of the Identified Parcels (i.e., there is a majority protest), the Program shall not be approved, and the proposed Fee will not be imposed. 4. If the City Council determines at the close of the Public Hearing that there is not a majority protest, the City Council may: A-3 a) Remedy and correct any clerical error in the Report or otherwise modify the Report, provided any such modification or correction shall not result in a Fee for any Identified Parcel which is greater than the amount shown in the notice of the Public Hearing pertaining to that Identified Parcel. b) Confirm the Report, as originally filed or amended, in accordance with subparagraph a) above. c) Adopt a resolution calling for a mailed -ballot election regarding the proposed Fee. d) Subject to 'voter approval, adopt a resolution imposing the Fee. Counting of Written Protests For purposes of determining whether a majority protest exists, only one protest for each Identified Parcel will be counted. In other words, one Identified Parcel, one protest. In order to be counted in determining whether a majority protest exists, a protest must be a written protest received by the City Clerk prior to the close of the Public Hearing, must identify the Identified Parcel covered by the written protest, and must be signed by a person eligible to submit a written protest with respect to the subject Identified Parcel. A written protest from any person having an ownership interest or representing a person having an ownership interest in an Identified Parcel will result in having that Identified Parcel counted among the Identified Parcels for which a written protest has been received, irrespective of the possibility that one or more other persons having an ownership interest or representing a person having an ownership interest in the same Identified Parcel do not join in such written protest. Written protests respecting multiple Identified Parcels which are combined into a single instrument ("Combined Protest") shall be accepted, and all Identified Parcels which are listed in the Combined Protest and for which the signature of any person identified above under the heading "Eligibility to File a Written Protest" as a person eligible to file a written protest is set forth shall be counted.