HomeMy WebLinkAbout2013-06-25 - ORDINANCES - STORMWATER POLLUTION FEE (2)' ORDINANCE NO. 13-09
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA CLARITA, CALIFORNIA,
DETERMINING THE ANNUAL STORMWATER POLLUTION PREVENTION FEE
FOR FISCAL YEAR 2013-14
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, 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
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. 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 2010-11; 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 seq.
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 11, 2013, 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 2013-14, 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 2013-14 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 2013-14.
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 2013-14 Fee. The City Council has determined to set the
Stormwater Pollution Prevention Fee for Fiscal Year 2013-14 at the same level as Fiscal Year
2012-13. The amount of the Fee for Fiscal Year 2013-14 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 2013-14 is $0.96 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 County Auditor. On or before August 10, 2013, or such
other earlier deadline as the Los Angeles County 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 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 25th day of June 2013.
2
' DATE: / / �0//�
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Armine Chaparyan; Interim City Clerk of the City of Santa Clarita, do hereby certify
that the foregoing Ordinance 13-09 was regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the 1 1 th day of June, 2013. That thereafter, said
Ordinance was duly passed and adopted at a regular meeting of the City Council on the 25th day
of June 2013, by the following vote, to wit:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
McLean, Ferry, Weste, Boydston, Kellar
None
None
AND I FURTHER CERTIFY that the foregoing is the original of Ordinance 13-09 and
was published in The Signal newspaper in accordance with State Law (G.C. 40806).
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