HomeMy WebLinkAbout2019-06-11 - AGENDA REPORTS - INTRODUCTION AND FIRST READING OF AN ORD DETERMINI (2)Agenda Item: 18
DATE: June 11, 2019
SUBJECT: INTRODUCTION AND FIRST READING OF AN ORDINANCE
DETERMINING THE ANNUAL STORMWATER POLLUTION
PREVENTION FEE FOR FISCAL YEAR 2019-20
DEPARTMENT: Neighborhood Services
PRESENTER: Darin Seegmiller
RECOMMENDED ACTION
City Council:
Conduct a public hearing on the Stormwater Pollution Prevention Fee for Fiscal Year
2019-20.
2. Introduce and pass to second reading 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
2019-20."
BACKGROUND
The collection of the Annual Stormwater Pollution Prevention Fee (Fee) began in 1995 to
support 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, state -mandated programs are administered and funded, such as pollution education and
prevention, cleaning of storm drain catch basins, and 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 for the City Council meeting of June 11, 2019.
In 2009, property owners overwhelmingly approved a revision to the Fee through a special ballot
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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,
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 the 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.
Staff recommends the Stormwater Fee for Fiscal Year (FY) 2019-20 be levied at $26.22 per
Equivalent Residential Unit (ERU), which is equal to the maximum fee allowable under the
guidelines of Proposition 218. The recommended levy represents an adjustment of $0.82 as
compared to the levied fee of $25.40 in FY 2018-19. The fee is calculated by adding an amount
equal to the Consumer Price Index (CPI) for All Urban Consumers for the Los Angeles, Long
Beach, and Anaheim area for the preceding year ending December 2018 (3.24 percent).
As financial obligations associated with the NPDES Permit issued by Los Angeles Regional
Water Quality Control Board (Regional Board) and State Water Resources Control Board
continues to expand, the accumulation of an inflationary adjustment provides maximum
flexibility for the City to meet its Permit obligations. The recommendation to levy the maximum
rate is based on actual Permit implementation costs, including increased compliance
requirements issued by the Regional Board and State Water Resources Control Board in 2012.
Stormwater Permit Compliance Obligations _
As previously stated, the City's Stormwater Pollution Prevention Fee was developed for
implementing the requirements of the NPDES Permit. Specific requirements include inspections,
pollution education and prevention, cleaning of storm drain catch basins, and water quality
monitoring from multiple storm drain outlets, and in the waterbody throughout the Santa Clara
River watershed.
The City and Los Angeles County (County) prepared a Coordinated Integrated Monitoring Plan
to share costs and responsibilities for the required monitoring. Through this plan, the City,
County, and the Sanitation Districts of Los Angeles County collaborate and share monitoring
responsibilities and information to comply with the NPDES requirements in the most cost
effective and strategic way possible.
In addition to the inspections, pollution education and monitoring activities, compliance with the
2012 NPDES Permit requires the City to implement an Enhanced Watershed Management Plan
(EWMP) by installing and maintaining large stormwater infiltration projects that will replenish
groundwater and prevent pollutants from reaching the river.
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Relationship to Measure W (Safe, Clean Water Program)
The revenues from the City's Stormwater Pollution Prevention Fee are sufficient to cover the
cost of inspections, pollution education, and monitoring. However the Fee does not generate the
funds required to construct and maintain the capital improvement projects identified in the
EWMP. Measure W, also known as the Safe, Clean Water Program (Program), is a County
measure that was successfully passed by 67.3 percent of voters in the regular election held
November 2018. The primary goals of the Program are to increase local groundwater supply,
improve water quality, and enhance communities. The Program will be administered by the Los
Angeles County Flood Control District with several Watershed Area Steering Committees
providing local guidance. Staff anticipates using Measure W funds as the primary source of
funding for EWMP implementation and its associated infiltration projects.
Additionally, on June 1, 2017, the State Water Resources Control Board issued a new Statewide
Trash Policy (Policy) which included compliance requirements beyond those in the NPDES
Permit. In order to comply with the Policy, cities throughout the state must develop a ten year
implementation plan to reduce trash in local waterways by ten percent a year. Staff developed an
initial plan identifying catch basins with historically high amounts of trash and included credits
for developments with state -approved, trash -capturing treatment devices. Through the next ten
years, staff anticipates the City will install additional catch basin retrofits, end -of -pipe capturing
devices, and other trash capturing devices throughout the storm drain system. Staff is working to
incorporate trash management into the EWMP distributed infiltration projects to allow for dual
compliance.
In closing, the FY 2019-20 Stormwater Pollution Prevention Fee annual report and a preliminary
list of the rates for all properties subject to the Fee 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 Los Angeles County taxes.
ALTERNATIVE ACTION
Other action as determined by the City Council.
FISCAL IMPACT
There is no impact to the General Fund with this action.
ATTACHMENTS
6-11-2019 Public Hearing Notice Storm Water Pollution Prevention pgm
FY 2019-20 Stormwater Fee Ordinance
FY 2019-20 Stormwater Fee Report (available in the City Clerk's Reading File)
FY 2019-20 Stormwater Fee Tax Roll (available in the City Clerk's Reading File)
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CITY OF SANTA CLARITA
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN:
A Public Hearing will be held before the City Council of the City of Santa Clarita in the City
Hall Council Chambers, 23920 Valencia Boulevard, 1st floor, Santa Clarita, California, on the
11th day of June 2019, at or after 6:00 p.m., to consider the Fiscal Year 2019-20 annual levy of a
stormwater fee for the City's Stormwater Pollution Prevention program.
The City Council, pursuant to 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 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, desires to establish the Fiscal Year 2019-2020 Fee and levy said fees.
Proponents, opponents, and any interested persons may appear and be heard on this matter at that
time. Further information may be obtained by contacting the Neighborhood Services Department,
23920 Valencia Boulevard, Santa Clarita, California 91355; (661) 255-4930, Darin Seegmiller,
Environmental Services Manager.
If you wish to challenge this action in court, you may be limited to raising only those issues you or
someone else raised at the public hearing described in this notice, or in written correspondence
delivered to the City Council, at, or prior to, the public hearing.
Dated: May 23, 2019
Mary Cusick, MMC
City Clerk
Publish Date: May 30, 2019
ORDINANCE NO. 19 -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA,
CALIFORNIA, DETERMINING THE ANNUAL STORMWATER POLLUTION
PREVENTION FEE FOR FISCAL YEAR 2019-20
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 et 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, 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 (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, 2009,
(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 (ERU) for Fiscal Year (FY) 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), the Proposition 218 Omnibus 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
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 (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
FY 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 15.50 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, 2019, 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 FY 2019-20, 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 FY 2019-20 has been prepared (Annual
List); and
WHEREAS, it is now appropriate that the City Council determine the amount of the Fees
for FY 2019-20.
NOW THEREFORE, the City Council of the City of Santa Clarita, California, does
hereby ordain as follows:
SECTION 1. Recitals: 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.
SECTION 3. Amount of 2019-20 Fee: The City Council has determined to set the
Stormwater Pollution Prevention Fee for Fiscal Year 2019-20 at $26.22 per 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
2
FY 2019-20 is equal to 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 8, 2019, 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 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 be in full force and effect thirty (30)
days from its passage and adoption.
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 11th day of June 2019.
MAYOR
ATTEST:
CITY CLERK
DATE:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that the
foregoing Ordinance 19- was regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the 111' day of June 2019. That thereafter, said Ordinance
was duly passed and adopted at a regular meeting of the City Council on the 251' day of June
2019, by the following vote, to wit:
AYES: COUNCIL,MEMBERS:
NOES: COUNCIL,MEMBERS:
ABSENT: COUNCIL,MEMBERS:
AND I FURTHER CERTIFY that the foregoing is the original of Ordinance 19- -
and was published in The Signal newspaper in accordance with State Law (G.C. 40806).
CITY CLERK
M
City of Santa Clarita
Stormwater Pollution Prevention Fee
2019/2020 ANNUAL FEE REPORT
PREPARED ON: May 15, 2019
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I. INTRODUCTION..................................................................................1
BACKGROUND INFORMATION.............................................................................. 1
COMPLIANCE WITH CURRENT LEGISLATION..................................................... 3
II. SERVICES FUNDED............................................................................4
III. RATE STRUCTURE ANALYSIS..........................................................5
IV. COST ESTIMATE.................................................................................9
V. FEE CALCULATIONS........................................................................10
VI. APPEALS PROCESS.........................................................................12
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The City of Santa Clarita (the "City") Stormwater Pollution Prevention Fee is being levied
per Chapter 15.50 of the Santa Clarita Municipal Code and the California Health and
Safety Code Section 5471 et seq. This Annual Fee Report (the "Report") is prepared
pursuant to the California Health and Safety Code Section 5473 in order to place the fee
on the Los Angeles County (the "County") property tax bills.
In May 1992, the City provided the County with a letter of intention to participate as a Co -
Permittee with the County in the application of a National Pollution Discharge Elimination
System (NPDES) permit. There were eighty-six (86) other co -permittee agencies that
filed a letter of intention to participate in the County's NPDES Permit No. CA006I54. There
have been several permit renewals issued since that time, the most recent being effective
December 28, 2012.
On June 28, 2016, the Santa Clarita City Council approved and adopted a Joint Resolution
between the City and Los Angeles County approving and accepting the negotiated
exchange of property tax revenue relating to the pending annexation of areas within the
unincorporated portion of Los Angeles County. The Los Angeles County Board of
Supervisors adopted the same Joint Resolution at their Board meeting of July 19,
2016. The Los Angeles Local Agency Formation Commission (LAFCO) approved
Annexation 2016-07 at their August 10, 2016, meeting and further held the protest hearing at
their October 12, 2016, meeting. Annexation 2016-07 was complete on November 15,
2016 when the annexation was recorded with the State.
On April 24, 2018, the City Council adopted Resolution No. 18-14, which initiated
annexation proceedings for the Plum Canyon annexation with the Local Agency Formation
Commission (LAFCO). Annexation Application No. 2018-04 was submitted to LAFCO on
June 27, 2018.
On July 10, 2018, the City Council adopted a joint resolution between the City of Santa
Clarita (City) and County of Los Angeles, approving and accepting the negotiated
exchange of property tax revenue relating to the pending annexation of areas within the
unincorporated portion of Los Angeles County. Following the Council's action, the Los
Angeles County Board of Supervisors adopted the same joint resolution at their board
meeting on September 18, 2018. LAFCO approved Annexation 2018-04 at their October
10, 2018, meeting and further held the protest hearing at their November 14, 2018,
meeting. Annexation 2018-04 was complete on November 15, 2018, when the annexation
was recorded with the state.
BACKGROUND INFORMATION
In accordance with the Federal Clean Water Act of 1972, the United States Environmental
Protection Agency (EPA) is required to establish regulations setting forth NPDES permit
standards. The enactment of 1987 amendments to the Federal Clean Water Act (Act) of
1972 imposes permit requirements for discharge of storm waters. The Act allows the EPA to
delegate its NPDES permitting authority to states with an approved environmental
2019/2020 Stormwater Pollution Prevention Fee Page 1
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regulatory program. The State of California is one of the delegated states.
The responsibility for implementing various NPDES permits in the State of California has
been delegated to the State Water Resources Control Board (SWRCB). The SWRCB
administers NPDES authority through its nine Regional Boards, one of which is located in
Los Angeles. The Los Angeles County Department of Public Works (LACDPW), together
with 86 other cities, were required to apply to the Los Angeles Regional Water Quality
Control Board (LA-RWQCB) and SWRCB for a permit to allow stormwater flows to drain
into waters of the United States and control pollutants. On June 18, 1990, the NPDES
permit for Stormwater/Urban Runoff Discharge in Los Angeles County was issued. There
have been several permit renewals issued since that time, the most recent being effective
December 28, 2012. There have also been Total Maximum Daily Loads enacted in the
Santa Clara River Watershed which are incorporated into the NPDES Permit. The City
of Santa Clarita is the only incorporated City in the Los Angeles County portion of the
Santa Clara River watershed. The Santa Clara River provides habitat to hundreds of plant
and animal species, 16 of which are threatened or endangered. The Santa Clara River is a
soft -bottom river, and the water in the river infiltrates into the ground and replenishes local
aquifers. Roughly 50% of the Santa Clarita Valley's drinking water comes from these local
aquifers recharged by the Santa Clara River.
The 2012 NPDES permit requires monitoring for flow and testing for pollutants at multiple
points throughout the Santa Clara River. A Coordinated Integrated Monitoring Program
was prepared and approved by the LA-RWQCB to demonstrate how the City and Los
Angeles County are to coordinate monitoring efforts in the most strategic and cost effective
manner possible to be in compliance with the NPDES Permit. Due to the highly technical
and specialized skills needed for this line of work, the City entered into a contract with an
outside consulting firm to implement much of the monitoring program.
The current NPDES Permit requires monitoring (testing water runoff for pollutants) from
multiple storm drain outlets and points in the water body itself throughout the Santa Clara
River watershed. The City and Los Angeles County prepared a Coordinated Integrated
Monitoring Plan to share the responsibilities for the required monitoring. Through this
plan, the City, County, and the Sanitation Districts of Los Angeles County collaborate and
share monitoring responsibilities and information to comply with the NPDES requirements in
the most cost effective and strategic way possible.
As part of the Enhanced Watershed Management Plan to comply with the terms of the
2012 NPDES Permit, Santa Clarita and Los Angeles County will also be required to build
and maintain large scale distributed infiltration projects throughout the Santa Clarita Valley.
These projects will capture and infiltrate stormwater into the ground by way of basins and
strips of land to prevent pollutants from reaching the river and replenish groundwater.
Initial capital estimates for these large-scale infiltration projects, requiring installation by
2022, is approximately $13.8 million.
Based on monitoring data and identified pollutants, the City and Los Angeles County may
be required to modify projects and programs. The state requires the Enhanced Watershed
Management Plan to be reassessed using updated monitoring data to bring pollutant
loads in compliance with water quality standards.
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The release of the Statewide Trash Policy in June of 2017 includes compliance
requirements beyond those in the NPDES Permit. The most cost effective and efficient
way to comply with this requirement is for the City is to install additional catch basin
retrofits in areas commonly known to generate high amounts of trash that go into the storm
drain. Staff is working to incorporate trash management into the upcoming Enhanced
Watershed Management Plan distributed infiltration projects to allow for dual compliance.
In the City of Santa Clarita, most of the street and drainage systems were developed
during the process of land development under the supervision of Los Angeles County.
Both before and after incorporation in 1987, the ownership of drainage facilities, once
constructed, have been transferred to the Los Angeles County Flood Control District
(LACFCD). However, due to various issues, the LACFCD has not been processing title
transfer requests. As a result, there are currently approximately 230 storm drains in the
City that are maintained by the County and 200 storm drains that are still the responsibility of
the developer for maintenance. Many of the privately maintained storm drains will probably
become the City's at some future time. The public streets, which are a part of the primary
storm drainage system, are owned and maintained by the City. The storm drainage catch
basins in the street, present a mix of ownership and responsibility. There are some storm
drainage catch basins owned by LACFCD and others that are owned by the City.
In order to provide for the safety of the residents of the City and protect property in the City
from the damage associated with flooding and to meet water quality requirements of the
NPDES permit issued to the City by the LA-RWQCB and SWRCB, it is necessary to
design, construct, operate, maintain, improve and replace storm drainage facilities which
collect storm and surface water runoff and convey and treat such runoff in a safe manner to
an acceptable point of discharge. It is also necessary to inspect, monitor, and take
enforcement action related to illegal dumping, illicit discharges, and various water quality
concerns. In order to properly fund such facilities and activities, the City Council has
determined that it is necessary to impose on all properties in the City a user charge for
storm drainage service.
The Stormwater Pollution Prevention Fee will continue to provide funding for the ongoing
water quality requirements for the drainage facilities serving the properties within the City of
Santa Clarita.
COMPLIANCE WITH CURRENT LEGISLATION
On November 5, 1996, California voters approved Proposition 218 (The Right To Vote On
Taxes Act) that established specific requirements for the ongoing imposition of taxes,
assessments and fees. The provisions of this proposition are now contained in the
California Constitutional as Articles XIIIC and XIIID.
The Stormwater Pollution Prevention Fee must comply with the provisions of Article XIIID of
the California Constitution. Section 6.b of Article XIIID has the following requirements for all
"new, extended, imposed or increased" fees and charges:
2019/2020 Stormwater Pollution Prevention Fee Page 3
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• "Revenues derived from the fee or charge shall not exceed the funds required to
provide the property -related service."
• "Revenues derived from the fee or charge shall not be used for any purpose other
than that for which the fee or charge was imposed."
• "The amount of a fee or charge imposed upon any parcel or person as an incident of
property ownership shall not exceed the proportional cost of the service attributable
to the parcel."
• "No fee or charge may be imposed for a service unless that service is actually used
by, or immediately available to, the owner of the property in question. Fees or
charges based on potential or future use of service are not permitted. Standby
charges, whether characterized as charges or assessments, shall be classified as
assessments and shall not be imposed without compliance with [the assessment
section of this code]."
• "No fee or charge may be imposed for general governmental services including,
but not limited to, police, fire, ambulance or library services where the service is
available to the public at large in substantially the same manner as it is to property
owners."
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Expenditures from the revenue generated from the Stormwater Utility fee are to comply
with the requirements set forth in the NPDES permit. The activities and services funded by
this fee include, but are not limited to:
1. Administration and oversight of the requirements set forth in the NPDES permit to
various City departments, developments, and local agencies.
2. Prepare ordinances and resolutions designed to remain in compliance with the
rules and regulations required by the NPDES permit, the Clean Water Act, and the
Porter -Cologne Act.
3. Respond to and investigate incidents of sewage and/or chemical spills, illicit
discharges and illegal connections to the storm drain system.
4. Periodically inspect facilities for proper handling of materials, chemicals, pollutants,
garbage, waste, and debris and prevent any discharges to the storm drain system.
5. Regularly clean and provide maintenance of catch basins, the flow line, and storm
drainage facilities.
6. Design, installation and maintenance of water quality devices, green streets and
regional BMPs required to keep pollutants out of the storm drain system.
7. Discourage illegal dumping or discharge of pollutants into the storm drain system
by stenciling all City -owned catch basins with a "No Dumping" message.
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8. Provide street sweeping to keep litter and debris from entering the storm drain
system.
9. Augment public education and outreach programs in regard to the proper use and
function of the storm drainage system and the receiving waters.
10. Develop programs to promote, publicize, and facilitate public reporting of illicit
discharges to the storm drain system.
11. Encourage the proper disposal of household hazardous waste (HHW) to prevent
the improper disposal to the storm drain system or to the sewer system.
12. Water quality monitoring required in the Santa Clara River and storm drain outfalls.
13. Capital costs related to installing full capture trash treatment devices.
14. Discourage the improper disposal of litter, garden clippings, leaves, and pet waste
into the street or the storm drain system.
I1I11I11 111RA I S I 111RUC I, IIII° IlliA11MA111 YSISI
Section 6.b of Article XIIID of the State Constitution states that:
"The amount of a fee or charge imposed upon any parcel or person as an incident of
property ownership shall not exceed the proportional cost of the service attributable to
the parcel." and
"No fee or charge may be imposed for a service unless that service is actually used
by, or immediately available to, the owner of the property in question."
By definition, all properties that shed stormwater into the City's stormwater drainage
system, use or are served by the City's stormwater drainage system; therefore, should be
subject to a fee. The amount of use attributed to each parcel is measurable by the amount of
storm runoff contributed by the property, which is directly proportional to the amount of
impervious area on a parcel (such as buildings and concrete). The more impervious area
on a property, the more storm runoff the property generates, the more demand placed on
the storm drain system.
The amount each parcel uses the stormwater drainage system is computed by the
following formula: (Parcel Area) x (Impervious Percentage) = Drainage Units
The typical percent impervious (% Impervious) for land uses in the City, as provided in
the Los Angeles County Flood Control District Hydrology Manual, updated January 2006,
have been applied for the purposes of estimating the runoff generated by each property.
These are shown in Table 1 on the following page.
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The more Drainage Units a parcel has, the more storm run-off it generates, and the more
it uses and impacts the stormwater drainage system.
It is standard practice to relate other land uses to a developed single family home, instead
of working exclusively with Drainage Units. The City's parcel database shows that over
60% of the parcels within the City are designated as Single Family Residential (SFR)
parcels, and the median size of a SFR parcel is approximately 7,000 square feet (0.16
acre). Therefore, it makes sense to relate all parcels to this median residential property.
Therefore, the runoff from a 0.16 -acre SFR parcel is set equal to one Equivalent
Residential Unit (ERU) and this base ERU is calculated as follows: (0.16 acres of area) x
42% = 0.0672 Drainage Units = 1 ERU
The table below provides a preliminary summary of Drainage Units, ERUs, Maximum and
Applied Fee Rates for the various assessable land uses in the City:
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Note: Drainage Units and ERUs are rounded to two decimal places.
SFR properties are separated into three (3) groups and their impervious percentage is
calculated as follows:
Multi -Family Residential (MFR) and Condominium (CNDO) units are split into categories
by the density, or number of dwelling units per acre (DU/Ac) as follows:
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Condominium unit parcel areas are calculated either by using the sizes of the individual
unit and the common area parcels separately, or by dividing the total area of the
condominium complex (which includes the common area) by the number of condominium
units and the total imperviousness of the entire complex is attributed to each individual
condo parcel in the complex. (This divides the runoff of the entire complex to each of the
individual units.) Because these condominium common areas are taken into
consideration in this manner, they are exempt from the charge.
The latter calculation has been made when the individual unit areas are not readily
available. These two ways of calculating the charges are considered nearly equivalent
when applied. With the first method, the common area property is charged and paid by
the Home Owner Associations which are passed on to the individual units. With the
second method, the common area property is added into the individual units. Therefore,
proportionality has been maintained.
Within the City of Santa Clarita and the Santa Clara River Watershed, there are many
separate drainage areas of various terrains and with inlets, pipes and channels made of
various materials and in various conditions. The storm drain system discharges to the
Santa Clara River and its tributaries. The Santa Clara River provides habitat to hundreds
of plant and animal species. It also provides about 50% of the area's water supply.
All parcels draining into City -maintained drainage infrastructure is proposed to be charged
the same user fee rate per ERU for stormwater runoff treatment. The Stormwater
Pollution Prevention Fee is proposed in perpetuity.
For the purposes of this report, City -maintained drainage infrastructure includes streets,
pipes, inlets, outlets, and natural drainage courses, and is also referred to as the "City's
stormwater drainage system." Parcels related to these types of property uses are exempt
from the runoff charge, as they are part of the infrastructure being funded. Also exempt
from the runoff charge is Caltrans right-of-way, because Caltrans handles its own runoff
under a separate NPDES permit.
Elementary through High Schools (EI -Hi Schools) have been looked at on an individual
basis to determine the actual percent impervious for each property, as properties with this
use had a wide range of impervious percentages.
Properties that had submitted appeals to the charge were reviewed and a determination
has been made on a parcel -by -parcel basis as to the applicability of the appeal to this
methodology.
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The estimated annual costs for the proposed storm drain improvements are $3,801,846
Dividing that amount by the total number of ERUs in the City, the estimated Stormwater
Pollution Prevention Fee rate is $26.22 per ERU for fiscal year 2019/2020. The maximum
amount that can be charged per ERU for fiscal year 2019/2020 is $26.22 per ERU.
The maximum rate will be increased each fiscal year by the annual change in the
Consumer Price Index (CPI), during the preceding year, for All Urban Consumers, for the
Los Angeles, Long Beach and Anaheim areas, published by the United States
Department of Labor, Bureau of Labor Statistics (or a reasonably equivalent index should
the stated index be discontinued).
The following table provides sample fee calculations for various land uses and parcel
sizes for fiscal year 2019/2020.
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The preliminary fee roll, which is a listing of each parcel to be charged a fee for fiscal year
2019/2020, is by reference made a part of this report and is on file in the office of the City
Clerk.
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If a property owner disagrees with the calculation of his or her fee, based on the parcel
area and estimated impervious percentage assigned to the property, then the property
owner may appeal the calculation as follows:
1. Property owner must provide written documentation explaining the reason why the
charge should be changed. This documentation must include:
a. The name, phone number, mailing address, and email address, if available, of
the property owner.
b. The Assessor's Parcel Number (APN) of the property in question.
2. If additional documentation is required or insufficient documentation was
submitted, a representative of the Public Works Department or his or her designee
(Staff) will notify the property owner in writing.
3. Once Staff has determined that sufficient documentation has been submitted, Staff
will perform the initial review. Staff will notify the property owner in writing within
four (4) weeks from the time sufficient documentation was submitted as to whether
or not the fee amount will be changed.
a. If the determination is to change the fee amount, then the new fee amount will
be documented within the City's fee database.
b. If the determination is that the fee should not be changed, the property owner
can appeal Staffs decision to the City Engineer. The appeal must be made in
writing and returned no later than four (4) weeks from the date of mailing of
Staff s initial review decision. The City Engineer will notify the property owner
in writing within four (4) weeks from the date of receipt of the appeal as to
whether or not the fee amount will be changed.
If the owner of any parcel shall have reason to feel that the computation of the
ERU count for his/her parcel is not correct, that person may file an appeal with
the City Engineer in the manner prescribed by the City Engineer. The City
Engineer will consider all data provided by the appellant and shall render a
decision in writing. The decision of the City Engineer will be final with respect
to City action on the appeal.
Appeals will be accepted annually up until June 30 for inclusion on the following fiscal
year's property tax roll submittal. However, if an appeal is granted by Staff or the City
Engineer that does not permit inclusion for the following fiscal year's property tax roll
submittal, a reimbursement will be provided to the property owner by the City.
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