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HomeMy WebLinkAbout2010-08-24 - AGENDA REPORTS - ORD STORMWATER FEE FY 2011 (2)CONSENT CALENDAR DATE: SUBJECT DEPARTMENT Agenda Item: CITY OF SANTA CLARITA AGENDA REPORT City Manager Approval: Item to be presented by: Darren Hernandez August 24, 2010 /3 SECOND READING OF AN ORDINANCE DETERMINING THE ANNUAL STORMWATER POLLUTION PREVENTION FEE FOR FISCAL YEAR 2010-2011 Administrative Services RECOMMENDED ACTION City Council conduct a second reading and adopt an ordinance entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DETERMINING ITS ANNUAL STORMWATER POLLUTION PREVENTION FEE FOR FISCAL YEAR 2010-2011." This item is the first-year implementation of the reduced and restructured Stormwater Pollution Prevention Fee. As enacted by the City Council last year, following property -owner approval, this fee will decrease from $24 to $21.50 per equivalent residential unit, which is a reduction of 10.4 percent. Stormwater fees and charges are considered to be "property -related" fees under Proposition 218 and Article XIIID of the California Constitution. The City is required to follow certain procedural and substantive requirements to the imposition or modification of such property -related fees and charges, including the requirements of (i) holding a public hearing, and (ii) to the extent no majority protest exists, receiving voter approval for such fees and charges. On March 10, 2009, City Council adopted a resolution preliminarily accepting a Rate Analysis Report for the proposed restructuring of the City's Stormwater Pollution Prevention Fee, setting a Public Hearing for May 26, 2009, and approving procedures for mailed and published notices of Public Hearing. dd00%d:orr9.10:� 9 i On May 26, 2009, City Council opened the public hearing regarding the proposed Fee rate and methodology adjustment, received oral testimony, and continued the public hearing to June 9, 2009. At the continued public hearing -of June 9, 2009, the City Council ordered a change in the - methodology for parcels in the "single-family residential -rural" land use category, determined no majority protest had been received, closed the public hearing, adopted a resolution authorizing a mail ballot election for August 25, 2009, and approved procedures for the conduct of the election. Notice of election was given in time, form, and manner as provided by law, the mail ballot election was held and conducted, votes were cast, received and canvassed, and the returns made and declared in the time, form, and manner required by law and the election procedures. This fee was approved by a vote of property owners on August 25, 2009, through a Mailed Ballot Special Election conducted per the requirements of the California State Constitution and applicable State Statutes. A total of 13,459 valid ballots were received; of those 10.294 (76 percent) voted "yes," and 3,165 (24 percent) voted "no." Upon completion of the canvass of the ballots, the City Council, on September 8, 2009, adopted a resolution declaring the election results and that the measure passed. On October 27, 2009, the City Council adopted Ordinance No. 09-14, authorizing the adoption of the restructuring and levy of its Annual Stormwater Pollution Prevention Fee. Pursuant to Section 15.50.070 of the City's Municipal Code, the City shall annually hold a public hearing or meeting where oral and written presentations may be made in connection with the Fee. The City Clerk previously published notice of this annual public hearing as provided by law, conducting a public hearing on this matter on June 22, 2010. Additionally, pursuant to Section 3 of Ordinance No. 09-14, the City Council shall determine the rates of the Stormwater Pollution Prevention Fees for Fiscal Year 2010-2011, subject to the maximum fees authorized by Ordinance No. 09-14. The City Council may determine to do any of the following: a) discontinue the Fee, b) reduce the actual rate imposed below the maximum rate authorized, or 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. The maximum calculated rate for fiscal year 2010-2011 per ERU is $21.80 (2009-2010 rate of $21.50 per ERU adjusted by CPI factor of 1.9 percent). However, it is proposed that the 2010-2011 rates be held the same as the 2009-2010 levels. An annual report and list of the rates for each identified parcel subject to the fees for fiscal year 2010-2011 has been prepared (the "Annual List") and is on file with the City Clerk. Having conducted the public hearing on June 8, 2010, it is now appropriate for the City Council to consider the attached ordinance determining and setting rates for its Stormwater Pollution Prevention Fee for Fiscal Year 2010-2011. If the attached ordinance is adopted, the City Clerk is directed to coordinate with the County Auditor to ensure the Annual List is placed on the tax rolls and collected with regular city and county taxes. ALTERNATIVE ACTIONS Others action as determined by the City Council. FISCAL IMPACT There is no impact to the General Fund with this action. ATTACHMENTS Ordinance _3_ ORDINANCE NO, 10 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DETERMINING THE ANNUAL STORMWATER POLLUTION PREVENTION FEE FOR FISCAL YEAR 2010-2011 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, be known as the "Stormwater Pollution Prevention Fee" (the "Fee"); and WHEREAS, a written report entitled, "Rate Analysis Report," 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 Fee amount of $21.50 per Equivalent Residential Unit for fiscal year 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, and scheduled a public hearing; 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 WHEREAS, following a determination that there was not a majority protest, the City Council in its Resolution No. 09-50, confirmed the Report, as modified, and called a special mail ballot election for August 25, 2009 (the "Election"); and tj- WHEREAS, by resolution adopted on September 8, 2009, the City Council 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 WHEREAS, by Ordinance No. 10-14 adopted on October 27, 2009, the City Council authorized and adopted the restructuring, levy, and collection of -the Fee, beginning with the fiscal year 2010-11; 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; and WHEREAS, pursuant to Section 15.50.070 of the Code, the City shall annually hold a public hearing or meeting where oral and written presentations may be made in connection with the Fee; and WHEREAS, the City Clerk has published notice of such annual public hearing as provided by law, and a public hearing was held on June 8, 2010, where oral and written testimony was taken; and . WHEREAS, pursuant to Section 3 of Ordinance No. 09-14, the City Council shall determine the amount of the Fees for the fiscal year 2010-2011, subject to the maximum fees authorized by Ordinance No. 09-14 and as set forth in the Report, and, in connection therewith, an annual report or list of the Fee for each Identified Parcel for fiscal year 2010-2011 has been prepared (the "Annual List"); and WHEREAS, it is now appropriate that the City Council determine the amount of the Fees for fiscal year 2010-2011. 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. Annual Procedure for Determination of Fees to be Levied. Pursuant to Ordinance No. 09-14 and applicable law, 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, or 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. SECTION 3. Amount of 2010-2011 Fee. The City Council has determined to maintain the Stormwater Pollution Prevention Fee for fiscal year 2010-2011 at the same f levels as fiscal year 2009-2010 for each Identified Parcel as provided in the Annual List on file with the City Clerk and incorporated herein by this reference. The Annual List is hereby approved. The amount of the Fee for fiscal year 2010-2011 is $21.50 per Equivalent Residential Unit (ERU), which amount is less than the maximum voter - approved rate of $21.80 per ERU for fiscal year 2010-2011, calculated as the fiscal year 2009-2010 rate increased by an amount equal to the Consumer Price Index for All Urban Consumers, for the Los Angeles, Riverside, and Orange County areas. SECTION 4. Transmittal to County Auditor. On or before August 10, 2010, or such other earlier deadline as the Los Angeles County Auditor (the "County Auditor") may prescribe, the City Clerk shall cause the filing with the County Auditor of the Annual List 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 5. Severability. If any one or more of the terms, provisions, or sections of this Ordinance shall to any extent by 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 6. Non -Exclusivity. Nothing in this Ordinance shall limit or preclude the enforcement of other applicable laws. SECTION 7. Effectiveness. This Ordinance shall take effect and be in force thirty (30) days after its passage. SECTION 8. 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. PASSED, APPROVED AND ADOPTED this day of , 2010. MAYOR ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Sarah P. Gorman, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance 10- was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the day of 2010. That thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council on the day of 2010, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: AND I FURTHER CERTIFY that the foregoing is the original of Ordinance and was published in The Signal newspaper in accordance with State Law (G.C. 40806). CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) CERTIFICATION OF CITY COUNCIL ORDINANCE I, , City Clerk of the City of Santa Clarita, do hereby certify that this is a true and correct copy of the original Ordinance 10- , adopted by the City Council of the City of Santa Clarita, CA on , 2010, which is now on file in my office. Witness my hand and seal of the City of Santa Clarita, California, this day of 2010. City Clerk By Deputy City Clerk -7-