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Home My WebLink About2008-10-28 - AGENDA REPORTS - SCV SANDIST SEWERAGE POLICY (2)NEW BUSINESS DATE: SUBJECT: DEPARTMENT: 7 Agenda Item: / CITY OF SANTA CLARITA AGENDA REPORT City Manager Approval Item to be presented by: October 28, 2008 Steve Maguin REVIEW OF SANTA CLARITA VALLEY SANITATION DISTRICT SEWERAGE SERVICE POLICY Public Works RECOMMENDED ACTION 1. City Council discuss the September 2, 2008, Sanitation District's letter requesting reconsideration of the City Council's policy regarding the Santa Clarita Valley Sanitation District Sewerage Service policy. 2. Authorize the Mayor to send a response letter to Sanitation District with Council's decision. BACKGROUND At the Board of Directors meeting of the County Sanitation District Nos. 26 and 32 (now called the Santa Clarita Valley Sanitation District), on February 10, 1993, the Chairperson requested that a discussion of policy matters for District Nos. 26 and 32 be scheduled at the meeting on March 18, 1993. At the Santa Clarita City Council meeting on March 9, 1993, Council discussed and approved policies related to the permitting of temporary sewer connections, annexations to the Districts, and procedures to be followed concerning all matters presented to the District Board for consideration, and recommended the District Board adopt these policies. The following policies were approved and adopted at the Board meeting for the Sanitation District Nos. 26 and 32, held on March 18, 1993: Sewer Connection Prior to Annexation of Territory Being Finalized. No sewer connection applications shall be accepted by the District until: (1) The applicant has filed a written request for annexation and (2) -The District Board of Directors has adopted a resolution making applications to the Local Agency Formation Commission for the annexation. Temporary sewer connection applications may be accepted by the District prior to adoption of a resolution making application for annexation when immediate sewer connection is necessary to protect public health and safety. (An example of this exception would be a failing septic tank system for an existing improvement.) 2. Notice of Finding regarding Compliance with the California Environmental Quality Act (CEQA) for Sanitation District Services. Applications for annexation of territory to the District must include adequate environmental documentation which complies with CEQA. In accordance with CEQA, the environmental documentation shall be deemed adequate if. (1) the project described in the environmental document approved by the local government having jurisdiction over land use is the same project for which annexation of territory is being requested; (2) the assessment is still timely since there have been no substantial changes to the project or environmental setting which would require supplemental or subsequent environmental review; and (3) the local government having jurisdiction over land use does not require new or additional environmental documentation for the project to be built. While the Sanitation Districts must by law utilize Southern California Association of Governments (SCAG) growth projections, Sanitation District staff shall consider the City and County growth projections when calculating future sanitation needs within the City's planning area. The Sanitation Districts should participate in the SCAG's studies, including the Regional Comprehensive Plan update, to ensure that the SCAG numbers reflect local population projections. The Sanitation District's staff shall make regular status reports to the Board on the progress of this participation: 4. Staff analysis of each proposed annexation (assuming eventual connection) will include the projected flow from the annexation, and the remaining capacity of the -system after annexation and connection. 5. The Sanitation District staff, in conjunction with City staff, will hold pre -agenda meetings prior to each monthly meeting of the Board of Directors to discuss regular and special items on the Board's meeting agenda. 6. Local public hearings will be held, following appropriate notice, for all proposed fee increases. 7. The Sanitation District Board may periodically review these policies at its discretion, and may amend them as the Board deems appropriate to further the business of Sanitation Districts Nos. 26 and 32. Only condition one of the policy is proposed to be changed. The requirements for submitting annexation applications to the Local Agency Formation Commission have become more complex since the Board's adoption of its policy. It currently takes approximately nine months to compile the'required information and to obtain the approvals of the affected taxing agencies before a complete application for annexation can be presented to the Sanitation District's Board for approval. Increasingly stringent requirements imposed by regulatory authorities and other factors have caused significant increases in the costs of wastewater conveyance and treatment, requiring regular increases in Sanitation District connection fees paid by new users. The time required to complete the prolonged annexation process pursuant to the Board's policy can, thus, result in increased connection fee costs to the applicant. The other Sanitation Districts served by this organization all avoid this impact by accepting connection applications and,'allowing•paynient of the connection fee at the time the application for annexation is submitted. In consideration of the Sanitation District letter of September 2, 2008, staff recommends the Council review the sewerage service policy. Council's decision will be communicated back to the Sanitation District through a letter from the Mayor. ALTERNATIVE ACTIONS Other action as determined by the Council. FISCAL IMPACT None by this action. ATTACHMENTS Sanitation District of Los Angeles County September 2, 2008, Request for Reconsideration Letter WATER XECIAMATION �DW.,TEY.N,o.... T COUNTY SANITATION DISTRICTS OF LOS ANGELES COUNTY 1955 Workman Mill Road, Whittier, CA 90601-1400 Mailing Address: P.O. Box 4998, Whittier, CA 90607-4998 Telephone: 15621 699-7411, FAX: (562) 699-5422 w .lacsd.org September 2, 2008 Mr. Kenneth Pulskamp City Manager City of Santa Clarita 23920 Valencia Boulevard Santa Clarita, California 91355 Dear Mr. Pulskamp: STEPHEN R. MAGUIN Chiet Engineer and Generaf Manager Request for Reconsideration of Council Position: Santa Clarita Valley Sanitation District Sewerage Service Policy The purpose of this letter is to request that you place on the agenda for your Council a discussion and possible action regarding its current position affecting the tinting of new connections involving annexation to the Sanitation District's wastewater management system. The Council established its position in March 1993, and instructed its two members who were Sanitation District Directors to seek a policy which delayed new connections involving annexation until the Sanitation District Board approved the annexation. Such a provision was incorporated in the Board policy (Condition No. 1) in 1993 and it has been in place since. The requirements for submitting annexation applications to the Local Agency Formation Commission have become much more complex since the Board's adoption of its policy. It currently takes approximately nine months to compile the required information and to obtain the approvals of the affected taxing agencies before a complete application for annexation can be presented to the Sanitation District's Board for approval. Increasingly stringent requirements imposed by regulatory authorities and other factors have combined to cause significant increases in the costs of wastewater conveyance and treatment, requiring regular increases in Sanitation District connection fees paid by new users. The time required to complete the prolonged annexation process pursuant to the Board's policy can, thus, result in increased connection fee costs to the applicant. The other Sanitation Districts served by this organization all avoid this impact by accepting connection applications and allowing payment of the connection fee at the time the application for annexation is submitted. A county sanitation district has powers limited to the provision of regional wastewater collection and treatment systems that serve the needs of the residents and businesses within its service area. The portion of the current Board policy which delays acceptance of connection applications pending annexation approval arguably places the Sanitation District in the position of limiting access to the wastewater management system based on issues other than wastewater management, though to date no legal challenge has been made. Your cooperation in bringing this matter to your Council is very much appreciated. The discussion will focus on only Condition No. I of the policy. The remaining portions of the 1993 policy DOC# 1095796 Q Repyr: Peppy Mr. Kenneth Pulskamp -2- September 2, 2008 reflect good planning practices and ensure adequacy of the wastewater collection and treatment facilities, and are not recommended for modification. Very truly yours, Stephen R. Maguin SRM:cs bcc: Paul Novak