HomeMy WebLinkAbout1994-06-28 - AGENDA REPORTS - STORMWATER UTILITY USER CHARGEAGENDA REPORT
PUBLIC HEARING
DATE: June 28, 1994
City Mana€
Item to be
x/ "I Anthony J. Nisich/_�
SUBJECT: ACTION ON A RESOLUTION AUTHORIZING STORMWATER
UTILITY USER CHARGES AS PROVIDED FOR IN ORDINANCE
NO. 94-7
Resolution No. 94-81
DEPARTMENT: Community Development
BACKGROUND
In compliance with the Federally -mandated NPDES permit under which the City is currently
operating, the City Council on May 24, 1994 passed Ordinance No. 94-7 which created an
enterprise fund of the City titled the Stormwater Utility Enterprise Fund. That Ordinance
provided for service charges for stormwater utility services to be established by City Council
Resolution.
The staff and the consultant have reviewed the costs of providing the required programs and
services to comply with the mandated requirements. The recommendations have been
reviewed through the public information process, discussed at public hearings and evaluated
with the City's budget during the 1994-95 budget review process.
Resolution No. 94-81 provides the implementation of user charges for the storm drainage
services required to comply with the City's permit. The Resolution defines the method of
computation of the charges and defines the annual charge as $24 per equivalent Drainage
Residential Unit for the next three years.
Action on this Resolution is needed at this time in order for the City to meet the
August 10, 1994 deadline for placing the stormwater utility user charge on the Los Angeles
County tax statement. Once the Council authorizes this Resolution it will take at least four
to five weeks to prepare the database and computer files that must be submitted to the Los
Angeles County Auditor's office.
RECOMMENDATION
Confirm the proposed annual stormwater utility service charge rate and adopt Resolution
No. 94-81.
Adopted: -jy Age, Item: c-
ACTION ON A RESOLUTION AUTHORIZING
STORMWATER UTILITY USER CHARGES
June 28, 1994 -Page 2
ACCOMPANYING ACTION REQUIRED
Upon the City Council's adoption of Resolution No. 94-81, staff will need Council
authorization to extend the contract of our consultants, Kato & Warren, Inc., to assist the
staff in preparing the data files to implement the stormwater utility service charges. This
authorization request is covered by a separate agenda report.
ATTACHMENT
Questions and Answers about the Stormwater Program.
NED:hds
w=61%m94 1.ned
CITY OF SANTA CLARITA
PUBLIC NOTICE
HEARING RE PROPOSED ADOPTION OF
A RESOLUTION ESTABLISHING FEES AND CHARGES
FOR STORM DRAINAGE UTILITY SERVICES
The City Council of the City of Santa Clarita will, on Tune 28, 1994, at 7:30 p.m., or as soon thereafter m the mutter can be heard, conduct a public
hearing to comiderwhether to dopta resolution establishing fen and charges for storm drainage utility services.. The bearing will be conducted at City Hall, 23930
Valencia Blvd., Santa Clarits, California 91355.
At mid time and place, any interested person, including all persons owning property in the City, may appear ad be hand as to whether the proposed
rates and charges are discriminatory or excessive or will not comply with any provision of the State Revenue Bond Law of 1941 (Gov: Code 4 S4300 a seS. , or
on my other matter relating to the proposed resolution or the rate, or charges proposed therein..
Persons interested to this mattes may contact the City Eagmeer,. Tory Nlaich, at (805) 259-2489 for information concerning due proposed resolution
or the rates and charges proposed therein.
The resolution read. as follow:
RESOLUTION NO. 94-7
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA CIARITA ESTABLISHING
FEES AND CHARGES FOR STORM DRAINAGE
UTILITY SERVICES
WHEREAS, the City of Santa Clarits has had a study conducted by an outride consultant of the options available for funding the City's storm drainage program
in light of the National Pollutant Discharge Elimination System (NPDES) permit issued to the City by the California Regional Water Quality Control Board; and,.
WHEREAS, the CONSULTANTS report identifies a need for average annual expenditures to meet the NPDES permit requirements of $2,170,000; ad,
WHEREAS, funds in this amoont are not available to the City without drastically curtailing current city services foe park., public safety and other vital public
services; and.
WHEREAS, the Consultants report indicated the Raebility and equity of funding the City's storm drainage program by the formation of a storm drainage utility
supported by user charges against all property in the City;. and.
WHEREAS, the City Council after careful study of the Coaeulunt's report did hold bearing. as required by Government Code Section 66018 and did after due
process naa Ordinance 947 establishing the storm drainage activity of the City u a utility enterprise; and,.
WHEREAS, Ordinance 94.7 directs duet the user charges for storm drainage service be mected by City Council resolution; and.
WHEREAS, the City Council intends that storm drainage user charges be in effect for fiscal year 1994-95; and,
WHEREAS, fie City Council desim to have the storm drainage user charge included on the 1994.95 Los Angelo County tax statement; and.
WHEREAS, pursuant to Government Code Section 54354.5. the specific fees to be charged for services must be adopted by due City Council by Resolution, after
providing notice and holding a public hearing; ad.
WHEREAS, notice of public haring has been provided per Govern ncutCode Section 54354.5. oral and written presnhtionsende ad received, and the required.
public hearing held, and,.
WHEREAS, pursuant to California Government Code Section 54354.5 the notice of hearing contained a pmpowd copy of this resolution and was published as
requied; .d..
WHEREAS, all applicable requirements of California Government Section 54354.5 are hereby found to have been cornplied with; and.
WHEREAS, due City intends by the enacunmt of the fees and charges set fordt herein to fund compliance with the amrmweter NPDES requirements of the Federal
Clean Water Act therefore the storm dranage user charge shall herein and henceforth be known m the -Storm Dreinege Fontaine Abarement Charge';,
WHEREAS, the charges proposed herein sue not discriminatory or excessive and comply with the provisions of the Safe Revenue Bond La. of 1941(Government
Code Section 54300 as SM.) and the laws of the State of California;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CIARITA DOES RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION l: Storm Dminsee Pollution Abatement Charge Adoored
LAg:89432.2
A storm dnmagepoMon abalemmt charge shell be billed to all parceh of property o the City in accordance with the computation fermuW set forth
in this resolution..
SECTION 2: Nfmitions
Ito addition to the deflnitbDw set forth in Ordnance 94-7, incorporated herein by reference, the following definitions of terms shall apply:
A. 'Base Cheese." The smuel storm drainage pollutimt ab.temrnt charge to be paid by the rvenge single
family residential parcel, hereinafter known as, the Equivalent Drainage Residential Unit (I DRU).
B. 'Basic Aeereemeut Unit" The Equivalent Drainage Residential Unit is the Buie Awessmeot Unit for
purposes of computing the Storm Drainage Pollution Abatement Charge for each parcel in the City. The
Equivalent Drainage Residential Unit is defmad u an impervious area per parcel of 2,777 square feet.
SECTION 3: Computation of User Chanes
All properties in the City see wumed to be responsible for paying their fair red equitable share of the cost of storm drainsgepollution abatement based
on the following formulas and computations:
A. DRU Commutation. The DRU on a parcel shall be computed by the following formula
DRU Cutout = (Parcel Area in Square Feet) x (Parcel Runoff Fehr)
2777
B. Parcel Ara. She grow area of each parcel shall be determined from the data contained in the records of
the Las Angeles County Assuamr or by direct me ummotent, or by such other mew as the City Fngioeer may
select.
C. Parcel Runoff Factor. To the extat pmctinblethe nmoff factor for each parcel @ball be the name factor
as determined by the has Angeles County Flood Control District for the type of land use code head for each
parcel in the records of the Los Angeles Canary Assessor. prm'idd that, the City Engineer $hW determine the
appropriate runofflamor for all ten exemptproperEes or other properties not listed by the Flood Control District..
The City Fngmear my adjust say parcel 'a runoff factor annually if said runoff factor is determined to not
aavnmly represent the contribution of a specific parcel to sarmwater runoff.
D. Commutation of User Charge. The annual atom drainage pollution abatmat charge a be billd to each
parcel shall be based on the following formula:
1. Annual charge per DRU @hall be $24.00.
2. Annual our charge per parcel shell be:
Annual Charge = $24.00 x Number of DRU for Parcel
SECTION 4: Billing: of User Charge
The Storm Drainage Pollution Abatemcot Charge shall be billed on the property to statement billed annually by the has Angeles Counry Assessor.
The Charge shall appear u a separate listing on the tax saternat
SECTION 5: Collation and Fnforcemal
A. The Starmwear Pollution Abatement Charge for rash parcel shall be wU.W by and be payable to the Los Angees
County Treasurer -Tea Collector for the 1994-95 tax year along with the geuenl Was Levied for city and county purposes and
shall be subject to the name penalties and enforcement provision relating to general turn.
B. Ifany portion of the levy, collection or expenditure of the Stormwater PolhmonAbatmat Charge pro tidd
for herela la declared invalid or unwmstiational. the remmwg lavy, colka im or expendinreof the Stormwter
Pollution Abatement Charge shall not be affected but rmala in full force and effect
SEC ION & User Cherxe Limiatioo
The Storm Drainage Pollution AMteaoent Charge shall not exceed the reasonable cost of providing the su icu, facilitiea or regulatory activity for
which the fee i charged.
SECTION 7: User red Occunan[ Rmt onsbi
In order to reduce the burden ma the public regarding Harm water pollution sod disposal, each User and occupant is re foird to wine rmpo t bility
for pmmting the discharge of toxic or hourdow subsaoces and other unnecessary debris from their property to the atormwaler drainage system.
Violation of this poll y will result m warning, being weed 0 the appLicablepreperty owner oroaxrpamt Repeard viobdiom wi l rmuh m a surcharge
being made against the offending property owneror occupant, as determined by the Dircetorof Public Work, of the City, consistent with the reuonable
cost to dw City of necessary, clean up of such mterials.
LAX:89432.2
SECTION 8: Poelooeement for Senior Citizens ad Disabled Citimne
The Storm Dnivagel'ollutiov Abstemat Charge.hall be postponed for residential Users who posses, a certificate of eligibility iwed purauaetto the
Senior Citizeste and Disabled Citizens Property Tsx Postponement Isw (commencing m Revevue.d Texatiov Code Section 20581) cpetaieed m Pan
10.5 of Division 2 of the Revenue and Taxation Code and .hall become a first against the User's property following the procedure contained in
Government Code section 10182, except that the lien shall be issued in favor of the City of Santa Clarha hated of the State of Califomi. and shall
be executed ad adminuterd by the [Director of Pinnace] instead of the ControllfeM1r. To obtain the poetponemevt provided for in this section, the
User most File the mrfMaw of eligibility with the [Director of Finance] end the [Din or of Fin ace] shall arrange to have the User Charge not
appear on the to bill ad dnatnd be made a lien against the User'. property.
SECTION 9: Adbnn rents ad Aoxals
If the owner of any parcel shah have reason to fool that the computation of the DRU count for his/her parcel is not correct that person Frey Me sea
appeal with the City Engineer in the nuener prescribed by the City Engineer, The City Engineer will comider.11 data provided by the eppell ra and
.hall Fenders decision in writing.. The decision of the City Engineer will be final with respect to City action on the appeal.
SECTION 10: Anrml Review of Use, Charon
It is the intention of the City Cowwil to review the fen and charges ss demnviived and set out herein based on the City'. rest Annual Budget ad all
storm dNstage cosh ad, as and if warranted, to revise such fen and charges based thereon.
SECTION 11: Comtiu tionality
If my portion of this Resohroon is declared invalid or uncoostientional, then it is the intention of the City Council to have passed the entire Resolution
ed all its component pens, tad all other sections of this Resolution shall remain in full force and affect
SECTION 12: Repealer
All reaohnions ad other actions of the City Council in conflict with the contents of this Resolution are hereby repealed..
SECTION 13: Effective Date
This Reschn ion shall go into full force and effect upon the effective date of Ordinance No. 94-7, and shall be subject to the terms and conditions of
said Ordinsaos
No. 94-7.
I I.AR:89432.2
Rewlution No. 94-7
ATTEST:
PASSED. APPROVED AND ADOPTED this _ dey of _,: 1994.
City Clerk
Mayor
I HERESY CERTIFY that the foregoing Resolution wu duty adopted by the City Co;mA of the City of Santa Cla ite at a regular meeting thereof
hold on the _ day of , 1994 by the followiog vole of the Coumil:
AYES: COUNCRMEMBERS
NOES:
ABSENT: COUNCHIAENMERS
GAX:99432.2
City Cleft
ANSWERS TO QUESTIONS
ON THE STORMWATER MANDATE PROGRAM
1. Will it be possible to issue bonds once the program is established?
Yes. The City can issue revenue anticipation bonds for specific projects
allowed by the program. The standard procedures for those types of bonds
will have to be followed and approved separately by the City Council.
2. How does this program impact Elsmere? There are special NPDES
requirements for landfills and the construction activity related to landfills.
Any construction for Elsmere would have to comply. This program could
provide enforcement and monitoring downstream from Elsmere if it was
ever needed. Ground water contamination has been discovered in the
on -site monitoring wells around the BKK West Covina Landfill. Off -site
wells are being installed there to determine the extent of contamination.
3. What are other funding options, and have they been researched?
A list of funding options is attached. All of these have been reviewed and
evaluated by staff and the consultant. We believe the stormwater utility
is the best way to fulfill the mandate..
Can't the City use the Clean Water Act as its authority to enforce
laws already in effect? One of the tasks required by the NPDES Permit
is to submit documentation that the City has established this program
through a stormwater utility or a joint powers authority. The program is
required to enforce and supplement existing regulations.
5. Isn't the threat of a $50,000 fine or litigation a scare tactic? It is a
statement of fact. The National Resources Defense Council has issued a
press release indicating they will search for cities which are not complying,
sue them and compel them to comply. They have served six cities and
several other agencies with notices of intent to sue. Some of those cities
have settled with the NRDC and agreed to comply and to pay undisclosed
settlements to prevent litigation. The Regional Water Quality Control
Board issued a cease and desist order to the City of San Marcos for
deciding not to comply. San Marcos has now agreed to comply with the
mandate and pay legal costs to avoid the fine.
6. Will the unincorporated County contribute to the district? The
unincorporated County must regulate, monitor and maintain their drainage
which enters the City. They must provide their own funding for the
County areas. The City may need to monitor County discharges into the
City to assure their compliance.
Doesn't the County maintain all of the storm drains and catch
basins? The City is responsible for maintaining certain City storm drain
systems and road department drains which do not meet flood control
standards in addition to the 47 untransferred storm drain systems.
ANSWERS TO QUESTIONS ON THE
STORMWATER MANDATE PROGRAM
Page 2
8. Aren't Capital Improvements a function of the Flood Control
District? The Flood Control District has not done any capital projects
within the City for the last eight years. The City has been working with
the County on the Live Oak Spring drain, which if constructed would
alleviate the flooding which occurred along Sand Canyon Road in the last
two flood disasters. Flood Control has advised the City that it will not fund
the entire drain as originally planned but will only fund a portion of the
project. The City must provide the remaining funds.
9. Can't we emulate the program Redondo Beach has? The City of
Redondo Beach was served with a notice of intent .to sue_ They are
currently doing the minimum levels of work needed to avoid litigation and
are not implementing all of the required programs at this time. They have
no funding or plans for future compliance measures. Our consultant's job
was to suggest the preferred levels of compliance and the cost. We believe
this is correctly indicated in the report., Redondo Beach's levels of
compliance and types of compliance measures will be significantly different
from our City. The Water Board's list of 13 BMP's specifically mentions
adopting ordinances similar to the ones developed by Santa Monica and
Malibu. Santa Monica's program is based on a cost of $55.65 per unit.
10. Other cities currently have one person working full or part time on
the program. How come the study proposes 13 people? The City
currently has one designated NPDES project manager. This is equivalent
to the existing project management staff of other cities. The numbers
shown on the chart at the budget meeting were existing levels and should
not be compared with future levels which include all maintenance, clerical,
engineering and administrative staff. All of the specific tasks required by
the mandate are addressed in the study.
11. What about the problems at the Honor Rancho? The Honor Rancho
is located within the unincorporated area of the County. If there is a
problem, there is a 24-hour hot line where illegal discharge or illicit
disposal practices can be reported to the County. The number for the
County is 1-(800) 303-0003 and the number for the Water Quality Control
Board is 1-(800) 500-8008.
12. Can personal responsibility be accomplished without the program?
The NPDES program requires the City to establish programs for public
education and enforcement of personal responsibility. This includes
regulations, education and enforcement for leaf -blowing, sprinkler
overspray, mobile car washing, carpet cleaners, pool and septic draining to
storm drains, etc.
ANSWERS TO QUESTIONS ON THE
STORMWATER MANDATE PROGRAM
Page 3
13. Can't we use volunteers? The City is currently working with the Boy
Scouts for our catch basin stenciling program. By using volunteers and
assuming we can eliminate one staff and one vehicle, the annual rate could
be reduced up to $.83. This assumes we can continue to rely upon
volunteers for ongoing operations and that they will provide their own
vehicles and supervision. However, most of the tasks specified in the
mandate are not suitable for volunteers, and the staff and vehicle would
also be required for other tasks.
14. Does the tax deferral Program apply to this program? This proposed
assessment will be eligible for deferral, and this is included in the proposed
rate resolution.
15. Is the possible participation in the Santa Clara River project a
direct result of NPDES compliance? Yes. Some of the required
measures are to establish bio filters, wet ponds, upgrade outlets where
drains discharge into the river, establish monitoring stations and access
roads for monitoring and maintenance. These are mandate -required
activities. The filters and ponds would establish vegetation in selected
areas and would also serve as part of the vegetation program along the
river. The required access roads could also serve as bike trails. These
may save money on the Santa Clara River Project. The extent of these
compliance measures will not be known until the Stormwater Master Plan
is completed.
16. Can a Citizen Oversight Committee be established? Yes. We will be
happy to work with citizens on this program. We are currently working
with the Chamber of Commerce. Annual reports will be submitted to the
City Council for this purpose.
17. Aren't there special circumstances for the Santa Clara River and
the Santa Clarita Valley? Special circumstances have been assumed
when establishing the program and calculating the rate. This will be
further analyzed as part of the Storm Water Master Plan.
18. Does this program shift money so that the new fee will be used for
things which are not required by the mandate? No. Only tasks
directly related to fulfilling the requirements of the mandate are funded by
the program. The entire cost of implementing the program includes the
cost of current staff which have been re -assigned to work on the program
for the '93=94 fiscal year. We believe the consultant has fulfilled his
responsibility in reporting the entire cost of all compliance measures and
correctly indicating in his report how much work is currently done by
existing personnel and already paid for by other sources. This program -
does augment or overlap other existing City programs, and that is stated
in the report. All identified tasks are required by the mandate.
NED:hds
d„�nn \aum�Co ned
N.P.D.E.S. FEDERALLY MANDATED STORMWATER PROGRAM - FUNDING INFORMATION
List of Funding Options:
EPA Grants
Applicants must meet criteria; funds can only be used for the specific activity or
program identified in the Grant. Grants only periodically available.
Non -point source implementation grant program (Sec 319)
State revolving fund loans for non -point source pollution control.
The City is researching all available grants and funds.
2. General Fund
3. Permit Fees
4. Property and sales tax
5. Commodity taxes
6. Tax surcharge fees, Covina Council was recalled when this type of tax was proposed
7. Tax incentives and dis-incentives
8. Tax differentiation: used to promote consumption of environmentally safe products.
9. Sewer Assessments: a portion of sewer fees can be used for stormwater purposes
Covina collects a portion of sewer fees from West Covina who does sewer maintenance,
Hermosa Beach collects a portion of sewer fees from the County
10. Stormwater utility Fees
11. Impact Fees for new development
12. Effluent discharge fees for industrial and municipal sources
13. Bonds: long-term, short term, revenue, general obligation
14. License Plates: the State of Maryland implemented a save the bay license plate program
15. Lottery revenues: Kansas and Minnesota use lottery revenues to help finance water
resource management programs.
16. Real estate transfer taxes
17. Taxes can raise funds for a specific activity
18. Public -Private Partnerships
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"_',.�u :NahlralResources
Bra Y; Defense Council
' 6310 San Vicente Blvd., .Suite 250
Los Angeles, CA 90043
213 934-6900
Fax 213 934-1210
June 3, 1994
Certified Mail -- Return Receiot Recruested
Harry Stone
Director of Public Works
County of Los'Angeles
Department of Public Works
9Oo South Fremont Avenue
Alhambra, California 91803
Re: Notice of intent to Sue for Violation of the Clean
Water Act
Dear Mr. Stone:
We write to notify you that the Natural Resources Defense
Council, Inc: ("NRDC") believes that the County of Los Angeles
(the "County") is violating the Federal Water Pollution Control
Act, 33 U.S.C. §§ 1251-1376 (the "Clean Water Act" or "Act"
Specifically, NRDC believes that the County has failed to comply
. with certain provisions of National.Pollutant Discharge
Elimination System Permit No. CAOO61654 governing
stormwater/urban runoff (the "Municipal Stormwater Permit"). The
Municipal Stormwater Permit was 'issued under the Act,by the
California Regional Water Quality Control Board,. Los."Angeles
Region (the "Regional Board") on or around June 18, 1990.
NRDC hereby puts you on notice of its intent to -sue the
County for its failure to comply with requirements embodied in
the Municipal Stormwater Permit relating to the control of
stormwater. The Municipal stormwater Permit requirements with
which we believe the County has failed to comply include, without
limitation, stormwater quality monitoring requirements, and
implementation and documentation of best management practices to
reduce stormwater and eliminate non-stormwater discharges. The
specific requirements NRDC believes the County .has failed to
comply with.are set forth more fully in Attachment 1 appended to
this letter. See also 33 U.S.C. §§ 1311(a), '1342(p) (and the
-regulations promulgated thereunder), 1365. The information
currently available to NRDC demonstrates that the County has
violated and continues to violate the Municipal Stormwater Permit
and the Act.
With this letter, NRDC gives notice of the alleged .
violations to the following parties: the County, the
Administrator of the United States Environmental Protection
• Agency ("EPA"), the Regional Administrator of EPA, the State
Water Resources Control Board of California, and the Regional
Board.
1theet7l2.\ler(e,mt Sl Suite 209
d R :nLa Pa;n 10 Wei! k. N Sl Yo 1 S no Nov York Are, N.W 71 Francun SlCA T Flom �n ir. H u i 9&SI3.
T2•�• Ntm York-, Nrto Yirk IUUII Wrhin Eton. DC �UJ05. $.tn Fntnii5m. CA 94ILo
212 72 7-2 700 20 7S00 115777-0220 085,13-!J.'.
Far 202 ti3-59)7. Ftx dL 495-599c c+x 4' • 331-6S41
. Harry Stone
Los Angeles County
Page 2
We believe that this notice of intent to sue sufficiently
states the grounds for complaint. This notice covers all
violations during the period from July 1, 1990, to the present.
NRDC's suit, when filed, will also address any violations which
occur after service of this notice letter.
NRDC intends to sue on behalf of -itself and its members, and
on behalf of the Santa Monica BayKeeper and its members. The
Santa Monica BayKeeper's address and telephone number are P.O.
Box 10096, Marina Del Rey, California 90295, (310) 305-9645.
Additionally, NRDC may represent other interested parties.
NRDC has a policy of pursuing negotiation whenever possible.
This policy applies to all types of environmental disputes,
including enforcement of stormwater'permits and regulations. In
keeping with this policy, we invite you to discuss your Clean
Water Act compliance with us.
If you have any question about the issues raised in this
letter orifyou believe any of our allegations is incorrect,
please contact us by telephone, telecopy or mail. If you wish to
contact us before we file a complaint, we request that you do so
• as quickly as possible. We intend to file suit 60 days after the
date of this letter. See 33 U.S.C. § 1365(b)(1)(a).
Sind
Gail Ruder -man Feuer
Everett L. DeLano, III
Attachment
cc: Carol Browner, Administrator
U.S. Environmental Protection Agency
401 M Street, S.W.
Washington, D.C. 20460
Felicia Marcus
Regional Administrator, Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105
ARYIN,
DCNatural Resources
Defense Council
News Release
Contact: Judy Martinez
(213) 892-1500 or 668-1370
BEVERLY HILTJS, CALTRANS, AND ALLIED SIGNAL AMONG THOSE
MUNICIPALITIES AND INDUSTRIES NAMED IN NRDC LEGAL ACTION
The Natural Resources Defense Council (NRDC) today announced plans to sue 12
local industries and several municipalities for polluting Santa Monica Bay through stormwater
and urban runoff. The national environmental organization is today serving the companies
and cities with notice of intent to sue letters, after finding these institutions failed to comply
with both municipal and industrial stormwater permits.
Cities and agencies facing lawsuits include Beverly Hills, Culver City, El Segundo,
Hermosa Beach, Rancho Palos Verdes, Westlake Village and Caltrans. Companies named
are Airco Gases; Allied Signal, Inc.; Allied Signal Casting; Blackhawk Oil Co., Coast
Enameling Co.; Electromatic; Fiberglass Production & Tooling, Inc.; Gebe Electronic
Services, Inc.; Maxine David Color & Interiors; Pete's Metal Reclamation; Star
Biochemicals, Inc. and the C.P. Hall Co.
• ,we found rampant noncompliance with both municipal and industrial stormwater
permits," said NRDC attorney Everett DeLano. "More than half of the 22 municipal
permittees have failed to meet deadlines for implementing stormwater pollution measures.
Industry has been even more lax."
Surface runoff is collected in more than 140 publicly -owned storm drains, of which
64 flow directly into Santa Monica Bay. The storm drain system delivers 25 million gallons
per day of untreated runoff during dry weather; during wet weather the volume of untreated
runoff entering the Bay can reach 10 billion gallons each day. Pollutants in urban runoff
include banned pesticides, toxic heavy metals, and highly carcinogenic polynuclear aromatic
hydrocarbons from petroleum products. These pollutants degrade aquatic life, deter
recreation and may be dangerous to human health.
Under the Clean Water Act, citizens are empowered to sue violators, including
violators of permits issued under the Act, in any case where there is noncompliance and the
government does not enforce compliance. The lawsuits are the beginning of a
comprehensive effort to cleanse the Bay of stormwater/urban runoff pollution -- the largest
source of contaminants into the nearshore waters of Santa Monica Bay.
"We are serving notice," said NRDC attorney Mitch Bernard, "if you are a
indus covered under the Municipal or Industrial Permit and ou are not com 1 11
terms we mtend to fin you sue you an see a court order compelling you to co
immediately and completely."
017 S. V11ve Strrprl
Suite 1210
Los Angeles, G9 !Q014 inn%Hn'pirQi {.tr
213 892-1500
rax: 213 629-5,189
"Heal the Bay has joined NRDC in the legal action against the industries," Mark
Gold, Heal the Bay staff scientist, stated. "Local industries have not taken the Clean Water
Act stormwater requirements seriously. These NOI's will send a message that violations of
the law will no longer be ignored by local citizens."
It is estimated that, of the 10,000 industries subject to the Industrtal Permit in the
L.A. region, little more than 2,000 have even submitted the two -page notice required to be
filed with the State. 'Despite this noncompliance, which daily threatens the ecological health
of the Bay, the state and federal governments have done little or nothing to vigorously
enforce the terms of the permits they themselves issued or approved," said Bernard.
The Natural Resources Defense Council is a national environmental organization, dedicated
to protecting this country's natural resources. With 170,000 members and a staff of lawyers,
scientists, and environmental specialists, NRDC combines the power of law, the power of
science, and the power of people in defense of the environment.
Heal the Bay is a local environmental group with over 15,000 members working through
research, outreach, education and advocacy to make Santa Monica Bay and Southern
California beaches safe and healthy again.
- _-
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^: L^•_r i•T1.'•t. VZTT./==,
yp�11 3^, :.5y3 P :19 S22 ass
:]. C t:. �ncsC1Zv CC
1-t L. G E e
•__.—_—�.".�_.. br—.rim .J=i�.ry-�a�L�J�.. ..
Scn N2:_cs. Czi:rD_T_a 92DE9�1ci59 MA( 4.13�.3
PL+ELIC wopj,c:)Ep?
CC Tf-�r }� I� CITY OF SOL/Vrd 9i:�_F+
i1VTZ VE Ci' il.H .r.Jr4 sPw.NG FO C.JjYUyY�{l :LSS•.V_y.:.TC2: CY CEnST_' ;I -ND UY.S25T
"he e.nc_csc� Cr: r No. 50-42, W'ar:tc ni.schLre"e Tequ°ramants _c_
Stor_c a _ac xac C-2aer` Rur<c _f f i'zc+w the Coustr ° . r
,roa�rar tcc Citiere of Ehh Die D Cormz e S Di ago, she
S y, and the San niego
ct, �_ an a-eaKi.de municipal :I a_ v-
:�rda=', 2`hG, _V � ifili,dt:l°T: �$ySLe1:1 (i7PE5) i.ETT'1:.
4:-42 wasy_:.suad by the CaliforZ__ ,tzecional vtater
Qlial_: V ^iJriLr01 Bna.rd, :SaR :DitgO RP-Gicn tG PI-0th Ct a'_"_d ihp_"OYe
-he "a '2.':c �^,el':e:lCial -'rac °i the waters ot w;C Stilts by
=nQL:^.i:?C' =::a r.'_:Gh:%r7t J.i pD".lt:tG_xCS from ml,,_4CitGl StD"`<awdCE=
conveys,ce sps���s.
i_ �_• c7cercc-.zndcrc a= on Apr_ _3, 1992 �h• S� �? r
Co!iaII aG'O�LE: �`tBbCSL".i Or 93-52= >Irhic*: ,-17 .8_...v5 C_=_
-� <__... spfrc__lec_ y au-�aD_izad•
o :..1F "It181^»2.L e, .or the SLCZ77.Y.'?_::'
..
The accompanying
rrandefedand Apry_ 13, 1953 staffz7an0_—aS wall �tFyy ezcjt;tior. earLuL2DR 53-<25 adopted
Apr_l 27 19G:; an ' . staff CDO�L,appea_ LD te1
d
that the
co'1:,c11 C_-_N.^. not plan to prDC2a� to i--h
`:2u nZ_nc S taF5c)-4 :f _D:_oa-ajac_Qi-_eduC evSA_dCvnClORS G0--erT
_n- FY 1453/94. .
n-le c• iS r.c moues tic chat g
the stOrmwctel Program, .= is edercliy
=andaced and supno--.ing :6 ending 2not ave_1a'clFi. F77KeY'C,r, Y
'alieve it has CO.erlt=Cl t.:, provide L_a:.:facant benefits fo,", all
ci -ha citizens _ , t :c sa:: Dicgc,: Region. Al thotz°r ary Citizens
a r.TdT� E ':Y`�'Li2.'i�'117fD=-"^�Lf' .': ba __.. c r5�c_S_�14fis\-
spai e-t th_cus:':D`�t 'sae r.atia most ate a:Jare that San D' ega
-_•antined �j he l pa_-�erlti
te_ a , z f or stc -. m-. ; � iea_ _1: De .
a- -'e_a.use erhani-attar., w.tn i`s
1�::6'�'1.•1CiL'S^ ;"::rrp rgS•@3'�ats�ir- a d_aaa.tiC increase in the-
VD,L'.7.E 5 Cia=
i , a71C 2 pe 1V :, she p0' 1 ' ,v
stogy r Y,L_C,_ E urLjn 'a-ll Carrie:
-ate _=ac¢iti-in= taezzrs, ti*e.n =tir. 1e.11s on ens
Cara,;..^.E `.C�"'G:S G,".. ..,=-V'b ��2¢W$_•J& t1 "�:+ .+.. .. ,.
..cnstruct:i o::
require duplicatio NPDES permitting activities. The su enter al permitting
LiMewer
iiies will, however, require a roach to r addressing surface runoff
inants not adequately removed throu rocess. It's believed that a pro -
and aggressive approach ty in the NPDES pe to
cess should result
lrequire er the Federal CZMA process.
Non -Compliance Penakies
IDivision 7 of the California Water Code gives the Regional Board the ability to implement
various levels of penalties for non-compliance with NPDES-related. directives. Currently,
there are three levels at which the Regional Board may take action:
Issuance of a Cease and Desist Order
Administer civil liability penalties; Regional Board can impose penalties as high as
$25,000 per day of violation
Referral to the State Attorney General (judicial assessment of civil liability); issue
injunction and/or impose penalties up to $50,000 per day of violation
Until now, it has been necessary for the State to pursue only a limited number of violations.
In most cases, the municipality elected to comply with the Regional Board directive.
However, as the program evolves and water quality environmental issues become more
prevalent, it's expected that non-compliance penalties, and abatement orders will be more
commonplace.
Besides governmental penalty provisions, of equal concern is the general public's ability to
file suit against municipalities for environmental violations. The evolution of the NPDES
program will provide a basis for public lawsuits against agencies not meeting the recognized
standard of stormwater pollution removal. It is important that the City carefully develop,
monitor and record the effectiveness of future Best Management Practices. This data is
considered public record and may be used in the courts to justify the activities of the City.
PART III: AREA WATER QUALITY CONCERN
The Cen Coast Regional Board conducted a non -point source ew u t' n for6 r shellfish
contamination ' the Santa Barbara Channel in July 1992. A5oehed Exhib
it B is the
summary and conclu ' u
of that report. The purpose of the y was to determine what
relative impact non -point s es have on the bacterio� ical water quality of near shore
waters in the Santa Barbara Ch In the pas foblems arose regarding the bacterial
content of shellfish grown in the channe .
The report concludes that both almas Creek a he Goleta Slough, both discharging
County unincorporated are re suspected to have high to ecal coliform concentrations.
The report does not s e whether the source is human or a al. Results show that
bacteria from poin nd non -point sources were continuously entering c el waters. Point
sources in the ea include the Goleta Sanitary District Wastewater Treat * Plant and
the El 5916o Water Reclamation Facility. Major non -point sources in the that
7
N.P.D.E.S. MANDATES AND COSTS
Italic = N.P.D,E.S. Requirements listed on Permit No. CA0061654
Bald = R.W_Q.C.B. 13 Best Management Practices required January 11, 1993
Light = Duties necessary as a result of processing permit and complying with requirements
MANDATED ACTIVITIES
IMPLEMENTATION
COSTNEAR
DEADLINE
FOR 3 YEARS
Existing Level of Effort
Staff Costs
S3.45/year
Document existing BMPs (year 1 - 93.94)
5130193
Document early action BMPs
3131194
Document existing practices and improvement plans
711194
Establish a Stormwater Utility or Joint Powers Authority
711194
Apply for funding & grants
Attending bi-weekly meetings with co-permittee's
Permit processing and submittal of co-permittee information,
Recycling programs
1111/93
Street Sweeping
Previous level of street sweeping
S2.47/year
Current Street Sweeping contract
1t11/93
$1.24/year
New Personnel
$6.65tyear
Public Education and Outreach programs
V11193
Commercial & Facility Inspections
1/11/93
Encourage owners to remove debris
1111193
Installation of receptacles in strategic areas
1111%93
Pet fecestseptic dumping prohibition and enforcement
1/11/93
Household hazardous waste disposal program
1/11/93
Water conservation, sprinkler overspray prevention
1/11/93
Code Enforcement and Inspection
1111/93
Implement the monitoring program
711194
Prosecute Violators
711194
Plan for additional BMP's (year 2 - 94-95)
711195
BMP Implementation schedule
711195
Monitoring & Detection Schedule
711195
Construction site runoff prevention plan
711195'
Evidence of progress for additional BMP's (year 3 - 95.96)
711196
BMP Implementation schedule
711196
Monitoring & Detection Schedule
711196
Construction site runoff prevention plan
711196
Additional requirements upon renewal of permit June 1995
T.B.D.
File a report of waste discharge
711195
Desks, equipment, computers, office space, etc..
Administrative Costs
$1.28/year
Billing Services, Finance & City Clerk
(800) Phone Number
10/14/93
MANDATED ACTIVITIES IMPLEMENTATION COSTNEAR
DEADLINE FOR 3 YEARS
Operations & Maintenance
Additional required activities
1/11/93 $2.621year
Upgraded street sweeping
1111/93
Catch basin stencilling
11IM3
Catch basin cleaning
1111/93
City storm drain cleaning & maintenance
1111/93
Maintenance of sweeping and inspection vehicles
JAV93
Roadside trash receptacle program
1/11/93
Green waste program/public education
1/11/93
One -Time Costs
$1.95/year
Runoff Control Ordinance
1/11/93
Legal authority to regulate illegal dischargers & to prosecute
7/1/94
Sweeping, stenciling & storm drain maintenance vehicles
Inspection, enforcement and monitoring vehicles
Vactor truck & decant system
Capital Repair Allowance
Live Oak Springs drain $1.38/year
Unfunded Capital Projects
Modifications to existing facilities
Sand Cyn Wash - Lost Cyn to Placenta
Iron Canyon Wash @ Sand Canyon
Newhall Creek @ 13th Street
San Fernando Road @ Pine
Santa Clara River at Drayton
Santa Clara River at Dougherty
Santa Clara River @ Lost Cyn
Stormwater Management System
Stone Drain Master Plan $0.75/year
Provide a work plan for the runoff monitoring program 711194
Provide water quality data 9130193
Identify sources of pollutants in the basin 711194
Identify land use classifications in each drainage area 311194
Provide monthly precipitation data 9130193
G.I.S. System $2.80/year
Map all drainage area boundaries 10/26/93
Map wells & rain gauge stations 9/30/93
Submit manhole, catch basin & drain info on database 711194
Map all drainage facilities and land use classifications
$24.00/year
-2-
RESOLUTION NO. 94-81
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA CLARITA ESTABLISHING
FEES AND CHARGES FOR STORM DRAINAGE
UTILITY SERVICES
WHEREAS, the City of Santa Clarita has had a study conducted by
an outside consultant of the options available for funding the
City's storm drainage program in light of the National Pollutant
Discharge Elimination System (NPDES) permit issued to the City by
the California Regional Water Quality Control Board; and,
WHEREAS, the CONSULTANT'S report identifies a need for average
annual expenditures to meet the NPDES permit requirements of
$2,170,000; and,
WHEREAS, funds in this amount are not available to the City
without drastically curtailing current city services for parks,
public safety and other vital public services; and,
WHEREAS, the Consultants report indicated the feasibility and
equity of funding the City's storm drainage program by the
formation of a storm drainage utility supported by user charges
against all property in the City; and,
WHEREAS, the City Council after careful study of the Consultant's
report did hold hearings as required by Government Code Section
66018 and did after due process enact Ordinance 94-7 establishing
the storm drainage activity of the City as a utility enterprise;
and,
WHEREAS, Ordinance 94-7 directs that the user charges for storm
drainage service be enacted by City Council resolution; and,
WHEREAS, the City Council intends that storm drainage user
charges be in effect for fiscal year 1994-95; and,
WHEREAS, the City Council desires to have the storm drainage user
charge included on the 1994-95 Los Angeles County tax statement;
and,
WHEREAS, pursuant to Government Code Section 54354.5, the
specific fees to be charged for services must be adopted by the
City Council by Resolution, after providing notice and holding a
public hearing; and,
WHEREAS, notice of public hearing has been provided per
Government Code Section 54354.5, oral and written presentations
made and received, and the required public hearing held, and,
LAX:95602.1
WHEREAS, pursuant to California Government Code Section 54354.5
the notice of hearing contained a proposed copy of this
resolution and was published as required; and,
WHEREAS, all applicable requirements of California Government
Section 54354.5 are hereby found to have been complied with; and,
WHEREAS, the City intends by the enactment of the fees and
charges set forth herein to fund compliance with, the stormwater
NPDES requirements of the Federal Clean Water Act therefore the
storm drainage user charge shall herein and henceforth be known
as the "Storm Drainage Pollution Abatement Charge";
WHEREAS, the charges proposed herein are not discriminatory or
excessive and comply with the provisions of the State Revenue
Bond Law of 1941 (Government Code Section 54300 et sea.) and the
laws of the State of California;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA
DOES RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1: Storm Drainage Pollution Abatement Charae
Adopted
A storm drainage pollution abatement charge shall be billed
to all parcels of property in the City in accordance with
the computation formulas set forth in this resolution.
SECTION 2: Definitions
In addition to the definitions set forth in Ordinance 94-7,
incorporated herein by reference, the following definitions
of terms shall apply:
A. "Base Charge." The annual storm drainage
pollution abatement charge to be paid by the
average single family residential parcel,
hereinafter known as the Equivalent Drainage
Residential Unit (1 DRU).
B. "Basic Assessment Unit." The Equivalent
Drainage Residential Unit is the Basic
Assessment Unit for purposes of computing the
Storm Drainage Pollution Abatement Charge for
each parcel in the City. The Equivalent
Drainage Residential Unit is defined as an
impervious area per parcel of 2,777 square
feet.
LAX:95602.1 - 2 -
SECTION 3: Computation of User Charges
All properties in the City are assumed to be responsible for
paying their fair and equitable share of the cost of storm
drainage pollution abatement based on the following formulas
and computations:
A. DRU Computation. The DRU on a parcel
shall be computed by the following formula:
DRU Count = (Parcel Area in Sauare Feet) x
(Parcel Runoff Factor)
2777
B. Parcel Area. The gross area of each
parcel shall be determined from the data
contained in the records of the Los Angeles
County Assessor or by direct measurement, or
by such other means as the City Engineer may
select.
C. Parcel Runoff Factor. To the extent
practicable the runoff factor for each parcel
shall be the same factor as determined by the
Los Angeles County Flood Control District for
the type of land use code listed for each
parcel in the records of the Los Angeles
County Assessor, provided that, the City
Engineer shall determine the appropriate
runoff factor for all tax exempt properties
or other properties not listed by the Flood
Control District. The City Engineer may
adjust any parcel's runoff factor annually if
said runoff factor is determined to not
accurately represent the contribution of a
specific parcel to stormwater runoff.
D. Computation of User Charge. The annual
storm drainage pollution abatement charge to
be billed to each parcel shall be based on
the following formula:
1. Annual charge per DRU shall be
$24.00.
2. Annual user charge per parcel shall be:
Annual Charge = $24.00 x Number of DRU for
Parcel
SECTION 4: Billing of User Charge
The Storm Drainage Pollution Abatement Charge shall be
billed on the property tax statement billed annually by the
LAX:95602.1 - 3 -
Los Angeles County Assessor. The Charge shall appear as a
separate listing on the tax statement.
SECTION 5: Collection and Enforcement
A. The Stormwater Pollution Abatement Charge for
each parcel shall be collected by and be payable
to the Los Angeles County Treasurer -Tax Collector
for the 1994-95 tax year along with the general
taxes levied for city and county purposes and
shall be subject to the same penalties and
enforcement provision relating to general taxes.
B. If any portion of the levy, collection or
expenditure of the Stormwater Pollution
Abatement Charge provided for herein is
declared invalid or unconstitutional, the
remaining levy, collection or expenditure of
the Stormwater Pollution Abatement Charge
shall not be affected but remain in full
force and, effect.
SECTION 6: User Charge Limitation
The Storm Drainage Pollution Abatement Charge shall not
exceed the reasonable cost of providing the services,
facilities or regulatory activity for which the fee is
charged.
SECTION 7: User and Occupant Responsibility
In order to reduce the burden on the public regarding storm
water pollution and disposal, each User and occupant is
required to assume responsibility for preventing the
discharge of toxic or hazardous substances and other
unnecessary debris from their property to the stormwater
drainage system. Violation of this policy will result in
warnings being issued to the applicable property owner or
occupant. Repeated violations will result in a surcharge
being made against the offending property owner or occupant,
as determined by the City Engineer of the City,
consistent with the reasonable cost to the City of necessary
clean up of such materials.
SECTION 8: Postponement for Senior Citizens and Disabled
Citizens
The Storm Drainage Pollution Abatement Charge shall be
postponed for residential Users who possess a certificate of
eligibility issued pursuant to the Senior Citizens and
Disabled Citizens Property Tax Postponement Law (commencing
at Revenue and Taxation Code Section 20581) contained in
LAx:95602.1 -4 -
Part 10.5 of Division 2 of the Revenue and Taxation Code and
shall, become a lien against the User's property following
the procedure contained in Government Code section 16182,
except that the lien shall be issued in favor of the City of
Santa Clarita instead of the State of California and shall
be executed and administered by the [Director of Finance]
instead of the Controller. To obtain the postponement
provided for in this section, the User must file the
certificate of eligibility with the [Director of Finance]
and the [Director of Finance] shall arrange to have the User
Charge not appear on the tax bill and instead be made a lien
against the User's property.
SECTION 9: Adjustments and Appeals
If the owner of any parcel shall have reason to feel that
the computation of the DRU 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.
SECTION 10: Annual Review of User Charges
It is the intention of the City Council to review the fees
and charges as determined and set out herein based on the
City's next Annual Budget and all storm drainage costs and,
as and if warranted, to revise such fees and charges based
thereon.
SECTION 11: Constitutionality
If any portion of this Resolution is declared invalid or
unconstitutional, then it is the intention of the City
Council to have passed the entire Resolution and all its
component parts, and all other sections of this Resolution
shall 'remain in full force and affect.
SECTION 12: Repealer
All resolutions and other actions of the City Council in
conflict with the contents of this Resolution are hereby
repealed.
SECTION 13: Effective Date
This Resolution shall go into full force and effect upon the
effective date of Ordinance No. 94-7, and shall be subject
to the terms and conditions of said Ordinance No. 94-7.
ux:95e02.1 -5-
ATTEST:
PASSED, APPROVED AND ADOPTED this day of
. 1994.
City Clerk
Mayor
I. HEREBY CERTIFY that the foregoing Resolution was
adopted by the City Council of the City of Santa Clarita
regular meeting thereof held on the day of
1994 by the following vote of the Council:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
City Clerk
ux:95602.1 - 6 -
duly
at a