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Home My WebLink About2012-06-12 - ORDINANCES - ANNUAL STORMWATER POLLUTION (2)ORDINANCE NO. 12-4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DETERMINING THE ANNUAL STORMWATER POLLUTION PREVENTION FEE FOR FISCAL YEAR 2012-2013 WHEREAS, the City of Santa Clarita (the "City") is empowered by Health and Safety Code Section 547 1, Government Code Section 54' )00 et seq., Government Code Section 54999 et seq. and Chapter 15.50 ofTitle 15 of the City's Municipal Code (the "Code") to prescribe and collect rates and chargoes, 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 kriown 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 maxiii-min 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 XIIII) 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 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 tei ins and conditions of the prescribed by the Report, is passed; and WHEREAS, by Ordinance No. 09-14 adopted on October 27, 2009, the City Council authorized and adopted the restructuring, levy, and collection of the Fee, beginning with the fiscal year 2010-2011; and, WHEREAS, the Fee would continue to be collected on the County of Los Angeles tax roll in the same manDer, 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 see. 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 ineefing 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 May 22, 2012, 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 2012-2013, 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 2012-201 has been prepared (the "Annuat List"); and WHEREAS, it is now appropriate that the City Council determine the amount of the Fees for fiscal year 2012-2013. 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 Lip to or below the maximurn 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 2012-2013 Fee. The City Council has determined to set the Storniwater Pollution Prevention Fee for fiscal year 2012-201 3) at the same level as fiscal year 2011-2012. The amount of the Fee for fiscal year 2012-2013 will be $22.45 per Equivalent Residential Unit (ERU), 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 2012-2013 is $0.45 less than the maximum voter -approved rate inclusive of a 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 Count), Auditor. On or before August 10, 2012, or such other earlier deadline as the Los Angeles Count), Auditor (the "County Auditor") may prescribe, the Willdan Financial, Inc. shall cause the filing on behalf of the City 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 byjudged 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 it 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 12th day of June 2012. ATTEST: CITY CLERK IDATE: W4/J�1_ STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF SANTA CLARITA 1, Sarah P. Gorman, City Clerk of the City of Santa Clarila, do hereby certify that the foregoing Ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 24th day of May, 2012. That thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council on the l2th day of June 2012, by the following vote, to wit: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS McLean, Weste, Kellar, Boydston, Ferry None None AND I FURTHER CERTIFY that the foregoing is the original of Ordinance 12-4 and was published in The Signal newspaper in accordance with State Law (G.C. 40806). 7�j�- za 0 J�-- CfT'V CLIRK I I STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF SANTA CLAPUTA CERTIFICATION OF CITY COUNCIL ORDINANCE 1, 1 City Clerk of the City of Santa Clarita, do hereby certify that this is a true and correct copy of the original Ordinance 12-4, adopted by tile City Council of the City of Santa Clarita, CA on June 12, 2012, which is now on file in my office. Witness my hand and seal of the City of Santa Clarita, California, this _ day of 20 City Clerk By_ Deputy City Clerk I I