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HomeMy WebLinkAbout2015-06-23 - AGENDA REPORTS - STORMWATER POLLUTON PREVENTION (2)Agenda Item: 6 CITY OF SANTA CLARITA Q) AGENDA REPORT CONSENT CALENDAR CITY MANAGER APPROVAL: DATE: June 23, 2015 SUBJECT: SECOND READING AND ADOPTION OF AN ORDINANCE DETERMINING THE ANNUAL STORMWATER POLLUTION PREVENTION FEE FOR FISCAL YEAR 2015-16 DEPARTMENT: Public Works PRESENTER: Travis Lange RECOMMENDED ACTION City Council conduct second reading and adopt an ordinance entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DETERMINING THE ANNUAL STORMWATER POLLUTION PREVENTION FEE FOR FISCAL YEAR 2015-16." BACKGROUND The collection of the Annual Stormwater Pollution Prevention Fee (Fee) began in 1995. The Fee is used to meet the requirements of the 1972 Federal Clean Water Act and National Pollutant Discharge Elimination System Permit (NPDES Permit). Under the NPDES Permit and with the fees collected, programs are administered and funded, Such as pollution education and prevention, street sweeping, cleaning of storm drain catch basins, and substantial, state -mandated water quality monitoring. Pursuant to Section 15.50.070 of the Santa Clarita Municipal Code, the City of Santa Clarita (City) shall annually hold a public hearing or meeting, where an oral and written presentation may be made in connection with the Fee. The City Clerk has published notice of such annual public hearing as provided by law, and a public hearing was held on June 9. 2015. In 2009, property owners overwhelmingly approved the Fee through a special mail ballot election process conducted per the requirements of the California State Constitution and under Proposition 218 and Article XIIID. A total of 13,459 valid ballots were received; of those., Page I L�__] 10,294 (76 percent) voted "yes," and 3,165 (24 percent) voted "no." As a result, the City Council held a public hearing on October 27, 2009, and adopted Ordinance No. 09-14 (Ordinance), establishing the new methodology to be used to calculate the Fee. With a new rate methodology, the approved Fee reduced the annual stormwater cost for most residential property owners. Pursuant to Section 3 of the Ordinance, the City Council shall annually determine the rates of the Fee subject to the maximum Fee authorized by the Ordinance. The City Council may determine to do any of the following: a) discontinue the Fee, b) reduce or maintain the actual Fee rate imposed below the maximum Fee rate authorized, or c) adjust their rate up to or below the maximum voter -authorized rate if it has been previously set below such rate. The City Council is not required to include an inflation increase annually but may choose to accumulate the inflationary increase and enact the cumulative amount. It is proposed that the Fee for Fiscal Year (FY) 2015-16 be levied at $23.00 per Equivalent Residential Unit (ERU). This amount is $0.56 less than the maxim um Fee for FY 2015-16 of $23.56 per FRU. The proposed Fee also remains lower than the FY 2009-10 Fee of $24.00 per ERU levied prior to the result of the 2009 special mail ballot election. The identified maximum Fee for FY 2015-16 is inclusive of an amount equal to the Consumer Price Index (CPI) for All Urban Consumers for the Los Angeles, Riverside, and Orange County areas. For the preceding year ending February 2015, the calculated chan eto CP1 was determined to be 0.10 percent. 9 The accumulation of an inflationary increase provides maximum flexibility for the City to meet future NPDES Permit obligations imposed upon Santa Clarita by the State of California through the Los Angeles Regional Water Quality Control Board (Regional Board). In addition to existing costs, the City incurred significant increased costs for compliance with the new NPDES Permit issued by the Regional Board and State Water Resources Control Board in 2012. The 2012 NPDES Permit requires monitoring at multiple points throughout the Santa Clara River. Currently, Los Angeles County operates and pays for a single mass emissions monitoring station in the Santa Clara River. Staff has prepared a Coordinated Integrated Monitoring Plan to demonstrate how the City and Los Angeles County plan to coordinate and expand monitoring erforts in the most strategic and cost effective manner possible to be in compliance with the NPDES Permit. The plan was submitted to the Regional Board for review and approval. Current estimates for the increased monitoring and infrastructure will likely cost the City $250,000 per year. If significant pollution levels are found, monitoring costs will increase; if not, the monitoring costs could decrease. There are hundreds of pollutants to monitor. The expense of response largely depends on the type of pollutant, if any, found. For example, metals and bacteria require infiltration, trash requires capturing, etc. As part of the Enhanced Watershed Management Program to comply with the terms of the 2012 NPIDES Permit, the City and Los Angeles County will be required to build and maintain large- scale, distributed infiltration projects and green streets. These projects divert storinwater that would normally enter the storm drain system. These flows are captured and filter into the ground by way of large land areas, such as basins or strips of land, to prevent pollutants from reaching the river. Other benefits include groundwater replenishment and a reduced flood risk, Staff estimates costs for these large-scale infiltration projects to be $13 million by 2022, Page 2 Packet Pg. 7707] An additional equipment requirement is a technology known as trash excluders. These are devices installed inside catch basins to prevent trash, litter, and debris from getting into the storm drain system. Each device costs between $2,000 and $2,300 for the permlits, equipment, and installation. The cost to retrofit 88 catch basins is estimated to cost an additional $23 )5,000. A Ston-flwater Pollution Prevention Fee annual report and a preliminary list of the rates for all properties subject to the Fee for FY 2015-16 is attached to this item with an ordinance determining the rate. If the attached ordinance is adopted, Willdan Financial Services is directed to prepare and file the final list of rates with the Los Angeles County Auditor Controller to be placed on the tax rolls and collected with regular City and County taxes. ALTERNATIVE ACTIONS Other action as determined by the City Council FISCAL IMPACT There is no impact to the General Fund with this action. ATTACHMENTS Ordinance Stormwater Pollution Prevention Fee Annual Report (available in the City Clerk's Reading File) FY 15-16 Santa Clarita Stormwater Roll (available in the City Clerk's Reading File) Page 3 Packet Pg. 71 ORDINANCE NO. 15 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DETERMINING THE ANNUAL STORMWATER POLLUTION PREVENTION FEE FOR FISCAL YEAR 2015-16 WHEREAS, the City of Santa Clarita (City) is empowered by Health and Safety Code Section 5471, Government Code Section 54300 et seq., Government Code Section 54999 ct seq. and Chapter 15.50 of Title 15 of the City's Municipal Code (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, 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 (City Council) proposed to restructure its storm drainage pollution abatement charge to be known as the "Stormwater Pollution Prevention Fee" (Fee); and WHEREAS, a written report entitled, "Rate Analysis Report," dated February 23, 2000� (Report) was prepared for the City by Harris & Associates and filed with the City Clerk of the City (City Clerk) relating to the Stormwater Drainage Utility (Program), containing 1) the identification of the parcels of land within the City upon which the Fee should be imposed (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 0 California Constitution (Section 6 and Article XIIID, respectively), the Proposition 218 Omnibus U) Implementation Act (Government Code Section 53750, et seq.) (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 U 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 TO ballot election for August 25, 2009 (the Election); and 0 WHEREAS, by resolution adopted on September 8, 2009, the City Council declared the E 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 Packet Pg. 72 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 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 9, 2015, 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 Fiscal Year 2015-16, 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 2015-16 has been prepared (Annual List); and WHEREAS, it is now appropriate that the City Council determine the amount of the Fees for Fiscal Year 2015-16. 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 0 Ordinance No. 09-14 and applicable law, without voter approval, in any year, the City Council (n 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 N 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 r M the Cumulative amount. In no event shall the City Council increase the rate in excess of the E maximum rate approved by the voters without voter approval required by Section 6 of Article 20 XIIID. 0 SECTION 3. Amount of 2015-16 Fee. The City Council has determined to set the E M 0 Stormwater Pollution Prevention Fee for Fiscal Year 2015-16 at $23.00 per Equivalent N Residential Unit (ERU), for each Identified Parcel as provided in the Annual List on file with the Z City Clerk and incorporated herein by this reference. The Annual List is hereby approved. The Packet Pg. 73 amount of the Fee for Fiscal Year 2015-16 is $0.56 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, 2015, or such other earlier deadline as the Los Angeles County Auditor (County Auditor) may prescribe, Willdan Financial Services, Inc., shall cause the filing on behalf of the City with the County Auditor ofthe Annual List to be posted to the tax roll for collection, together with such additional information and in such formal 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 bejudged 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 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 � 2015 MAYOR ATTEST: CITY CLERK DATE: Packet Pg. 74 0 E ;a STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF SANTA CLARITA 1, Kevin Tonoian, City Clerk of the City of Santa Clanta, do hereby certify that the foregoing Ordinance 15- was regularl� introduced and placed upon its first reading at a regular ineeting of the City Council on the 9' day of June 2015. That thereafter, said Ordinance was My passed and adopted at a regular ineeting of the City Council on the day of 2015, 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 Uj W U. z 0 z W W 0 I. - m -j -3 0 a. Ir W 0 U) 00 0 4.; r 0 E IPacket Pg. 75 1