HomeMy WebLinkAbout2009-10-13 - AGENDA REPORTS - AMEND SC MUNICODE TITLE 15 (2)Agenda Item:
CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR City Manager Approval:
Item to be presented by:
DATE: October 13, 2009
SUBJECT: INTRODUCTION AND FIRST READING OF AN ORDINANCE
AUTHORIZING AND ADOPTING THE RESTRUCTURING AND
LEVY OF ITS ANNUAL STORMWATER POLLUTION
PREVENTION FEE AND AN ORDINANCE AMENDING THE
SANTA CLARITA MUNICIPAL CODE BY MODIFYING
CERTAIN SECTIONS OF CHAPTER 15.50 OF TITLE 15
DEPARTMENT: Administrative Services
RECOMMENDED ACTION
City Council:
1. Introduce and pass to second reading an ordinance entitled, "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AUTHORIZING
AND ADOPTING THE RESTRUCTURING AND LEVY OF ITS ANNUAL
STORMWATER POLLUTION PREVENTION FEE."
2. Introduce and pass to second reading an ordinance entitled: "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING THE
SANTA CLARITA MUNICIPAL CODE BY MODIFYING CERTAIN SECTIONS OF
CHAPTER 15.50 OF TITLE 15, ESTABLISHING SPECIFIC STORM DRAINAGE
SERVICES AS A UTILITY ENTERPRISE OF THE CITY ".
BACKGROUND
At several City Council meetings held between March 10 through September 8, 2009, the
Council accepted a Rate Analysis Report for the proposed restructuring of the City's Stormwater
Pollution Prevention Fee, approved procedures for mailed and published notices, set and held a
Public Hearing, determined no majority protest had been received, adopted a resolution
Ordinance passed to
Second reading
authorizing a mail ballot election for August 25, 2009, and declared results of the Stormwater
Pollution Prevention Fee ballot tabulation, which confirmed that the measure had passed.
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 Rate Analysis Report, is passed, and the City Council wishes by the
first ordinance to provide for the adoption of the restructuring, levy, and collection of the Fee,
beginning with the fiscal year 2010-11. The ordinance approves the restructured fee and
references the annual levy and collection procedures.
The purpose of the second ordinance herein is to amend certain sections in Chapter 15.50 Storm
Drainage Utility Enterprise Fund of the Municipal Code to include reference to Proposition 218
and the requirement for voter approval for property -related fees, such as the Stormwater
Pollution Prevention Fee. The ordinance also changes the term "EDU" to "ERU" to make it
consistent with the Report and clarifies that either a resolution or ordinance may be adopted in
connection with the fees and charges authorized under this chapter.
ALTERNATIVE ACTIONS
Other action as determined by the City Council.
FISCAL IMPACT
There is no fiscal impact by this action.
ATTACHMENTS
Ordinance - Approving Restructured Stormwater Fee
Ordinance - Amending Santa Clarita Municipal Code
Exhibit A - Rate Analysis Report
0
ORDINANCE NO. 09 -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORNIA, AUTHORIZING AND ADOPTING THE
RESTRUCTURING AND LEVY OF ITS ANNUAL STORMWATER POLLUTION
PREVENTION FEE
WHEREAS, the City of Santa Clarita (the "City") is empowered by Health and Safety
Code Section 5471, Government Code Section 54300 et seq., Government Code Section 54999
et seq. and Chapter 15.50 of Title 15 of the City's Municipal Code (the "Code") to prescribe and
collect rates and charges, including storm drainage user charges and fees for services and
facilities furnished by the City in connection with its stormwater drain system; and
WHEREAS, in order to better provide for storm drainage and flood control services,
including pollution prevention, for the City, the City Council of the City of Santa Clarita (the
"City Council") proposed to restructure its storm drainage pollution abatement charge, to be
known as the `.`Stormwater Pollution Prevention Fee" (the "Fee"); and
WHEREAS, a written report entitled, "Rate Analysis Report" and dated February 23,
2009, (the "Report") was prepared for the City by Harris & Associates and filed with the City
Clerk of the City (the "City Clerk") relating to the Storm Water Drainage Utility (the
"Program"), containing 1) the identification of the parcels of land within the City upon which the
Fee should be imposed (the "Identified Parcels"), 2) the method for determining the amount of
the Fee to be imposed each year upon the Identified Parcels as a source of funding for such storm
drainage and flood control services, including but not limited to services with which to manage
stormwater runoff so as to better protect life and property within the City, and 3) the proposed
amount of the Fee for 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, scheduled a public hearing regarding the Report, the Program, and the
proposed restructured Fee for May 26, 2009, and directed the City Clerk to provide published
and mailed notice of the public hearing; 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 seg.
of the California Health and Safety Code, as provided in Chapter 15.050 of the Code; and
WHEREAS, in compliance with the provisions of Section 6 of Article XIIID of the
California Constitution ("Section 6" and "Article XIIID," respectively), the Proposition 218
Omnibus Implementation Act (Government Code Section 53750, et seq.) (the "Implementation
Act") and the Code, the City Council, on May 26, 2009 and continued to June 9, 2009, conducted
a public hearing on the matters of the Program, the proposed Fee and any other aspect of the
Report and has taken testimony, both written and oral;
3
WHEREAS, following a determination that there was not a majority protest, the City
Council ordered a change in the fee methodology for parcels in the "single family
residential -rural" land use category, adopted its Resolution No. 09-50 ("Resolution No. 09-50"),
confirming the Report, calling a special mail ballot election for August 25, 2009 (the "Election"),
and adopting procedures for the conduct of the Election (the "Election Procedures"); and
WHEREAS, pursuant to and in conformity with the Election Procedures, the ballots and
related election materials were mailed to the owners of the Identified Parcels, said mailing having
been completed on July 10, 2009, as evidenced by a certificate of mailing on file with the City
Clerk;
WHEREAS, following the close of the Election on August 25, 2009, the City Clerk
supervised the opening, examination and counting of the ballots received and submitted to the
City Council an official canvass of the ballots which confirmed that the measure was passed; and
WHEREAS, by resolution adopted on September 8, 2009, the City Council has 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 the City Council
wishes by this ordinance to provide for the adoption of the restructuring, levy, and collection of
the Fee, beginning with the fiscal year 2010-11.
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Recitals True and Correct., The foregoing recitals are true and correct,
and the City Council hereby so finds and determines.
SECTION 2. Restructured Fee Established and Levied. Commencing with the fiscal
year 2010-11, the annual Stormwater Pollution Prevention Fee is hereby levied upon each
Identified Parcel as provided in the Report attached hereto as Exhibit "A" and incorporated
herein by this reference. The Report is hereby approved. The amount of the Fee shall be
computed annually for each Identified Parcel as provided in the Report.
SECTION 3. Annual Procedure for Determination of Fees to be Levied.
a) The procedure for making the annual determination of the amount of the Fee to be
levied upon each Identified Parcel shall be as prescribed by the Code and the Report. The
amount of the Fee is $21.50 per Equivalent Residential Unit (ERU) for fiscal year 2009-2010.
b) In no event shall the maximum rate be increased beyond the rate approved by a
majority of property owners subject to the Fee without further voter approval as required by
Section 6 of Article XIIID, provided that, commencing with fiscal year 2010-2011, the maximum
rate for the Fee shall be annually increased by an amount equal to Consumer Price Index for All
Urban Consumers, for the Los Angeles, Riverside, and Orange County areas. 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, c) increase the rate up to or
below the maximum voter -authorized rate if it has been previously set below such rate. The City
Council shall not be required to include an inflation increase in each year but may accumulate the
inflationary increase and enact the cumulative amount. In no event shall the City Council
increase the rate in excess of the maximum rate approved by the voters without voter approval
required by Section 6 of Article XIIID.
c) The Fee shall not be deemed to be increased in the event the actual fee upon a parcel
in any given year is higher due to zone change or an increase in the impervious area of the parcel.
SECTION 4. Collection of Fee. Commencing with fiscal year 2010-11, the Fee levied
upon each Identified Parcel shall be continued to be collected for each fiscal year on the County
of Los Angeles tax roll; provided however, in any year the City Council may, by resolution,
provide for an alternative procedure for collection of the Fee. For any fiscal year that the Fee is
not collected on the tax roll, the City may collect all or a portion of the Fee for such year on the
tax roll the following fiscal year or years.
SECTION 5. Transmittal to County Auditor. On or before August 10th of each year,
or such other earlier deadline as the Los Angeles County Auditor (the "County Auditor") may
prescribe, in which the City proposes to collect the Fee on the tax roll, commencing with the
fiscal year 2010-11, the City Clerk shall cause the filing with the County Auditor of the list of
Identified Parcels and the amount of the Fee 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 6. Severability. If any one or more of the terms, provisions, or sections of this
Ordinance shall to any extent be 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 7. Non -Exclusivity. Nothing in this Ordinance shall limit or preclude the
enforcement of other applicable laws.
SECTION 8. Effectiveness. This Ordinance shall be in full force and effective thirty (30)
days from its passage and adoption.
SECTION 9. 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.
s
PASSED, APPROVED AND ADOPTED this day of , 2009.
MAYOR
ATTEST:
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that
the foregoing Ordinance 09- was regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the day of, 2009. That thereafter, said
Ordinance was duly passed and adopted at a regular meeting of the City Council on the day
of , 2009, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
AND I FURTHER CERTIFY that the foregoing is the original of Ordinance and
was published in The Signal newspaper in accordance with State Law (G.C. 40806).
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
CERTIFICATION OF
CITY COUNCIL ORDINANCE
I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that this is a true
and correct copy of the original Ordinance 09- , adopted by the City Council of the City of
Santa Clarita, CA on , 2009, which is now on file in my office.
Witness my hand and seal of the City of Santa Clarita, California, this day of
)2009.
Sharon L. Dawson, MMC
City Clerk
By
Susan L. Caputo, CMC
Deputy City Clerk
5 17
M
ORDINANCE NO. 09 -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORNIA, AMENDING THE SANTA CLARITA MUNICIPAL
CODE BY MODIFYING CERTAIN SECTIONS OF CHAPTER 15.50
OF TITLE 15 ESTABLISHING SPECIFIC STORM DRAINAGE
SERVICES AS A UTILITY ENTERPRISE OF THE CITY
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. 15.50.010(g) of Chapter 15.50 of Title 15 of the City of Santa Clarita
Municipal Code is hereby amended to read as follows:
Section 15.50.010. Findings and Intent.
(g) Municipalities are authorized under California Government Code Section 54300 et
seq. (the State Revenue Bond Law of 1941) to establish fees and charges for funding storm
drainage improvements and the operation and maintenance thereof. Fees for storm drainage
maintenance and improvement are also authorized under the California Health and Safety Code,
Section 5471. No property -related fee or charge shall be imposed unless and until voter
approval required by California Constitution Article XIIID, Section 6 (Proposition 218) has
been obtained.
SECTION 2. 15.50.020(e) of Chapter 15.50 of Title 15 of the City of Santa Clarita
Municipal Code is hereby amended to read as follows:
Section 15.50.020 Definition of Terms.
(e) "Equivalent Residential Unit (ERU)" shall mean the basic unit for the computation
of the Fee and is based upon the average amount of Impervious Area of a Single Family
Residential Parcel.
SECTION 3. 15.50.030(c) of Chapter 15.50 of Title 15 of the City of Santa Clarita
Municipal Code is hereby amended to read as follows:
Section 15.50.030 Storm Drainage Utility Enterprise Fund Created.
(c) All revenues from storm drainage user charges and other storm drainage related fees
and charges as may be adopted by Resolution or Ordinance shall be deposited to the Fund.
SECTION 4. Subsection (a), (c), (e) and (f) of Section 15.50.040 of Chapter 15.50 of
Title 15 of the City of Santa Clarita Municipal Code is hereby amended to read as follows:
AA
Section 15.50.040 Setting of Fees and Charges.
(a) The City Council shall by Resolution or Ordinance establish a system of user
charges for all parcels in the City.
(c) The City Council may by Resolution or Ordinance establish a charge for the
connection of any parcel to the City's storm drainage facilities to reflect that parcel's fair share of
the cost of the existing City storm drainage facilities serving the parcel.
(e) The City Council may by Resolution or Ordinance establish a system of charges
and fees for the inspection of non-residential parcels for purposes of establishing compliance
with the City Code and NPDES requirements related to the protection of storm water quality and
may also establish a system of fines and/or penalties for the violation of the City's stormwater
quality standards.
(f) The City Council shall by Resolution or Ordinance establish a system of specific
user charges for any and all parcels within the City that utilize additional stormwater runoff
control and treatment facilities. These fees are in addition to the established stormwater drainage
utility service fees that are charged to parcels in the City.
SECTION 4. 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 5. Non -Exclusivity. Nothing in this Ordinance shall limit or preclude the
enforcement of other applicable laws.
SECTION 6. Effectiveness. This Ordinance shall be in full force and effect thirty (30)
days from its passage and adoption.
SECTION 7. Publication. The City Clerk is directed to cause this Ordinance to be
published within 15 days of its passage in a newspaper of general circulation published and
circulated within the City of Santa Clarita.
PASSED, APPROVED AND ADOPTED this day of , 2009.
ATTEST:
CITY CLERK
1
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that
the foregoing Ordinance 09- was regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the day of, 2009. That thereafter, said
Ordinance was duly passed and adopted at a regular meeting of the City Council on the day
of , 2009, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
AND I FURTHER CERTIFY that the foregoing is the original of Ordinance and
was published in The Signal newspaper in accordance with State Law (G.C. 40806).
CITY CLERK
JD
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
CERTIFICATION OF
CITY COUNCIL ORDINANCE
I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that this is a true
and correct copy of the original Ordinance 09- , adopted by the City Council of the City of
Santa Clarita, CA on , 2009, which is now on file in my office.
Witness my hand and seal of the City of Santa Clarita, California, this day of
, 2009.
Sharon L. Dawson, MMC
City Clerk
By
Susan L. Caputo, CMC
Deputy City Clerk
0
EXHIBIT A
Modified
Rate Analysis Report
for the
Stormwater Pollution Prevention Fee
For the
City of Santa Clarita
Los Angeles County, California
June 9, 2009
City of Santa Clarita June 9, 2009
Stormwater Pollution Prevention Fee
Modified Rate Analysis Report Pagel
Introduction
The City of Santa Clarita (City) is considering updating its current Stormwater Pollution Prevention
Fee, which is being levied per Chapter 15.50 of the Santa Clarita Municipal Code and the California
Health and Safety Code Section 5471 et seq.
The purpose of this Rate Analysis Report is to:
• Review the Stormwater Pollution Prevention Fee and improvements currently being funded.
• Review the requirements of Article XIIID of the State Constitution (Proposition 218) relating to
requirements for apportioning the costs associated with the City's stormwater runoff system.
• Analyze and recommend an appropriate rate structure and provide estimated rates based on cost
data information provided by the City.
Proposition 218 Requirements
This fee must comply with the provisions of Article XIIID of the California Constitution (Proposition
218). Section 6.b of Proposition 218 has the following requirements for all "new, extended, imposed
or increased" fees and charges:
1) "Revenues derived from the fee or charge shall not exceed the funds required to provide the
property -related service."
2) "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."
3) "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."
4) "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]."
5) "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."
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 National Pollution Discharge
Elimination System (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
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. In anticipation of the issuance of the Federal regulations,
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the Los Angeles County Department of Public Works (LACDPW), together with 86 other cities,
applied to the Los Angeles Regional Water Quality Control Board (LA-RWQCB) and SWRCB for
an "early" permit. On June 18, 1990, the NPDES permit for Stormwater/Urban Runoff Discharge in
Los Angeles County was issued. Los Angeles County is the designated "Principal Permittee" with
the 86 cities given the opportunity to become Co -Permittees. 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 runs 86 miles from Acton to Ventura, eventually reaching the Pacific Ocean. The City is
approximately 45 miles from the Pacific Ocean. The Santa Clara River provides habitat to hundreds
of plant and animal species, 16 of which are threatened or endangered. The Santa Clara River
provides roughly 50% of the water supply to the Santa Clarita Valley area.
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 NPDES permit. The City is one of 86 other co -permittee
agencies that filed a letter of intention to participate in the County's NPDES Permit No. CA006154
at that time. Since then, there have been three stormwater NPDES Permits issued to the group, the
most recent one issued in 2001. A new NPDES Permit for the stormwater program in Los Angeles
County is anticipated to be issued in 2009.
The City of Santa Clanta is in somewhat of a unique situation with regard to stormwater
management. Being a relatively new city, 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, in the past few
years the LACFCD has not been processing title transfer requests in a timely manner. 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 with
some owned by LACFCD and others 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.
In addition to existing costs, the City anticipates significant increased costs for compliance with the
new NPDES Permit to be issued by the LA-RWQCB and SWRCB in 2009. There is a significant
monitoring requirement anticipated. Currently, Los Angeles County pays for a single mass
emissions monitoring station on the Santa Clara River. The anticipated, new requirements will
increase the monitoring sites significantly. Los Angeles County has stated it will not pay for the
increased monitoring. Staff estimates the increased monitoring will likely cost $1.5 million during
the first year if the requirements are retained as written in the Ventura County NPDES Permit. If
significant pollution levels are found, monitoring costs will likely increase; if not, the monitoring
costs could decrease. Staff cannot anticipate the cost increase associated with significant pollution
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Stormwater Pollution Prevention Fee
Modified Rate Analysis Report
June 9, 2009
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levels. There are hundreds of pollutants to monitor for that the City has little experience with
mitigating. The expense of response largely depends on the type of pollutant, if any, found. For
example, bacteria requires disinfection, metals requires filtration, etc. However, treatment for certain
types of pollutants can be profoundly expensive.
Another anticipated, additional requirement are trash excluders. These are devices installed inside
catch basins to prevent trash, litter and debris on the streets from getting into the storm drain system.
Each device costs between $2,000 and $2,300 to install. Staff anticipates an additional cost of
$600,000 to retrofit all 264 catch basins if this requirement is retained. Other treatment best
management practices that may be required include creating infiltration rain gardens surrounding
catch basins and one or two large scale infiltration projects. Rain gardens essentially create planted
areas around catch basins to capture flows from the street before entering the storm drain system.
They force the flows to infiltrate into the ground before entering the Santa Clara River. Large scale
infiltration projects divert flows that enter the storm drain system. These flows are treated and
infiltrated in large land areas, such as parks, preventing much of the flows from reaching the surface
water, such as rivers. Staff anticipates costs for rain gardens on inlets/streets at a cost of
approximately $2,000,000 annually for 20 years. The large scale infiltration projects may cost $10
million or more between 2009 and 2014.
Services Funded
Expenditures from the revenue generated from the Stormwater Utility fee are intended 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 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 flowline, and storm drainage
facilities.
6. Installation and maintenance of water quality devices 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.
8. Provide street sweeping to keep litter and debris from entering the storm drain system.
9. Augment public education and outreach programs in regards 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.
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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. Discourage the improper disposal of litter, garden clippings, leaves, and pet waste into the street
or the storm drain system.
Rate Structure Analysis
Section 6.b of Article XIIID of the State Constitution (Proposition 218) 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. 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.
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
Table 1, below, provides a preliminary summary of Drainage Units and ERU's for the various land
uses in the City.
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City of Santa Clarita June 9, 2009
Stormwater Pollution Prevention Fee
Modified Rate Analysis Report Page 5
Table 1 - Drainaae Unit Summary Table
Drainage Land Use
Parcels
Acres
% Imp
Drainage
Units
ERU's
Antenna
1
3.7810
2%
0.075620
1.1253
Cemetery
1
17.7000
10%
1.770000
26.3393
Church / Inst
49
163.5735
82%
125.384943
1,865.8473
College
14
289.1198
47%
128.448106
1,911.4301
Com Recreation
16
94.8034
90%
75.046497
1,116.7635
Com Storage
24
74.7712
90%
67.294080
1,001.4000
Communications
8
51.8101
82%
42.484282
632.2066
Day Care
2
1.5800
68%
1.074400
15.9881
Dev Park
274
1,000.5589
10%
100.055890
1,488.9269
Dump
2
1.2799
15%
0.191985
2.8569
EI -Hi School
64
599.5594
Actual
362.356110
5,392.2039
Golf
15
643.3163
3%
19.299489
287.1948
High Density CN DO
4,525
196.7444
90%
177.069960
2,634.9696
High Density MFR
157
236.4982
90%
212.848380
3,167.3866
Hotel/Motel
8
20.4990
96%
19.679040
292.8429
Light Industrial
656
1,593.7965
91%
1,450.354815
21,582.6609
Low Density CNDO
4,993
863.4141
55%
474.877755
7,066.6333
Low Density MFR
76
216.7250
55%
114.906300
1,709.9150
Med Density CNDO
5,498
409.0633
86%
351.794438
5,235.0363
Med Density MFR
149
109.3529
86%
94.043494
1,399.4568
Medical Facility
16
25.7734
74%
19.072316
283.8142
Mineral Extract
18
258.7750
10%
25.877500
385.0818
Mobile Homes
30
347.6541
91%
316.365231
4,707.8159
Nurseries / Agr
10
32.7699
15%
4.915485
73.1471
Office
295
297.0540
91%
270.319140
4,022.6063
Open Storage
88
150.5060
66%
99.333960
1,478.1839
Parking
156
216.7565
91%
197.248415
2,935.2443
Power Facilities
8
132.3674
47%
62.212678
925.7839
Ranch
8
26.6053
42%
9.202126
136.9364
Regnl Shopping Ctr
54
154.7115
95%
146.975925
2,187.1417
Retail
550
731.0564
97%
709.124708
10,552.4510
SFR -0.5
30,972
5,467.2074
42%
2,296.227108
34,170.0463
SFR -1
1,099
779.8717
formula
279.168057
4,154.2866
SFR Rural
927
2,233.6513
actual"
233.435296
3,473.7391
Undev Park
74
253.5892
2%
5.071784
75.4730
Vacant
3,572
10,547.4373
1%
105.474373
1,569.5591
54,409
28,243.7333
8,599.079686
127,962.4946
SFR properties are separated into three (3) groups and their impervious percentage is calculated as
follows:
SFR Category Drainage Unit Formula
SFR -0.5 - SFR parcels 0.5 acres or less acres x 42% (max = 0.21)
SFR -1 - SFR parcels 0.5 - 1 acres (0.21) + (acres - 0.5) x 21%
SFR -Rural - SFR parcels more than 1 acre actual*
* Because of the large variations in SFR properties on lots of more than 1 acre, these properties were
reviewed individually using the City's GIS and Aerial photography to determine the actual impervious
cover for each parcel; however, no fee will be greater for any parcel than what was shown in its Notice
of Public Hearing that was mailed on April 10, 2009.
M I Harris ssocI
& Aiate
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City of Santa Clarita June 9, 2009
Stormwater Pollution Prevention Fee
Modified Rate Analysis Report Page 6
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:
MFR or Condo CateEo" Density % Impervious
High Density Greater than 18 DU/Ac 90%
Med Density 10 — 18 DU/Ac 86%
Low Density Less than 10 DU/Ac 55%
Condominium unit parcel areas are calculated one of two ways:
1) either by using the sizes of the individual unit and the common area parcels separately, or
2) 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 Glarita and the Santa Clara River Watershed, there are many separate
drainage areas of various terrain 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 are 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 (El -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 previously submitted appeals to the charge have been reviewed and a
determination has been made on a parcel -by -parcel basis as to the applicability of the appeal to this
methodology.
R \santa clanta\dramage feeTee Mod ification\report\dramage modified fee rpt 9jun09 doc Harris & Associate
City of Santa Clarita June 9, 2009
Stormwater Pollution Prevention Fee
Modified Rate Analysis Report Page 7
Cost Estimate
Table 2 — FY 09-10 Estimated Expenditures and Revenues
FY 09-10 Expenditures
Personnel $802,500
Office, Equipment and Program Costs $206,000
Street Sweeping $832,000
Professional and Contractual Services $304,800
Storm Drain Facility Repair $86,000
General Fund Overhead Allocation $448,800
Subtotal 09-10 Expenditures $2,680,100
Anticipated New Permit Expenditures (actual costs unknown)
New Permit - Increase in Monitoring $1,500,000
New Permit - CIP - Trash Excluders $600,000
New Permit - Regional Water Quality Devices $2,000,000
Subtotal Anticipated New Permit Expenditures: $4,100,000
Reserves
50% Operating Reserve $3,390,050
(Less Site -Specific Reserve) ($192,370)
Equipment Replacement Reserve $392,072
Subtotal Reserves: $3,589,752
Total Expenditures: $10,369,852
FY 09-10 Revenues
Interest
$121,180
Stormwater SUSMP
$7,650
Stormwater SWPPP
$4,080
Miscellaneous Revenue
$123,110
Operating Transfers in
$171,920
Site -Specific - Bridgeport
$24,050
Site -Specific - Creekside
$21,620
Site -Specific - Hidden Creek
$20,200
Site -Specific - Hart Pony
$5,790
'Estimated Fund Balance - July 1, 2009
$3,663,326
Subtotal Revenues- $4,162,926
City Contribution. $3,455,732
Total Revenues: $7,618,658
Stormwater Pollution Prevention Fee Requirement: $2,751,194
Fee Calculations
The estimated annual costs for the proposed storm drain improvements are $2,751,194 in as shown
above. Dividing that by the total number of ERU's in the City, the estimated annual Stormwater
Pollution Prevention Fee rate is $21.50 per ERU.
This rate would be the proposed maximum fee rate for fiscal year 2009-10 (FY 09-10). The
maximum rate will be increased each subsequent Fiscal Year by the annual change in the Consumer
Price Index (CPI), during the preceding year, for All Urban Consumers, for the Los Angeles,
Riverside and Orange County areas, published by the United States Department of Labor, Bureau of
R \santa clanta\drainage feeTee Mod ification\reporAdramage modified fee rpt 9jun09 doe I Harris & Associat
City of Santa Clarita
Stormwater Pollution Prevention Fee
Modified Rate Analysis Report
Labor Statistics (or a reasonably equivalent index should the stated index be discontinued).
June 9, 2009
The actual rate to be levied each year will be as approved by the City Council at a public hearing,
after they consider an Annual Fee Report outlining the estimated annual costs of the program.
Table 3 provides sample fee calculations for various land uses and parcel sizes.
Table 3 — Sample Calculations
Land Use
Designation
Parcel
Area (sf)
Parcel
Area (ac)
x
Percent
Imperv. =
Drainage
Units /
0.0672
= ERU's
FY 09-10
Max. Annual
Fee = $21.5/ERU
SFR- 0 5
3,500
008
x
42% =
0033600 /
00672
= 05000
$1075
SFR- 0 5
5,000
011
x
42% =
0046200 /
00672
= 06875
$1478
SFR- 0 5
7,000
016
x
42% =
0067200 /
00672
= 10000
$2150
SFR- 0 5
12,000
028
x
42% =
0 117600 /
00672
= 17500
$3762
SFR- 0 5
21,500
050
x
42% =
0210000 /
00672
= 31250
$6719
SFR -1
22,000
051
0 21+(ac-0 5)x21% =
0212100 /
00672
= 31563
$6786
SFR -1
35,000
080
0 21+(ac-0 5)x21 % =
0273000 /
00672
= 40625
$8734
SFR -Rural
87,120
200
actual (est at 15%) =
0300000 /
00672
= 44643
$9598
Low Density CNDO
7,100
016
x
55% =
0088000 /
00672
= 13095
$2815
Low Density MFR
43,560
1 00
x
55% =
0550000 /
00672
= 81845
$17596
Med Density CNDO
3,150
007
x
86% =
0060200 /
00672
= 08958
$1926
Med Density MFR
43,560
1 00
x
86% =
0860000 /
00672
= 127976
$27514
High Density CNDO
1,800
004
x
90% =
0036000 /
00672
= 05357
$1152
High Density MFR
43,560
1 00
x
90% =
0900000 /
00672
= 133929
$28794
Service Station
6,534
015
x
91% =
0136500 /
00672
= 20313
$4367
Retail
21,780
050
x
96% =
0480000 /
00672
= 71429
$15357
Business Park
21,780
050
x
91% =
0455000 /
00672
= 67708
$14557
Office
10,890
025
x
91% =
0227500 /
00672
= 33854
$7279
Light Industrial
43,560
1 00
x
91% =
0910000 /
00672
= 135417
$29114
Church
32,670
075
x
85% =
0637500 / 00672
= 94866
$20396
EI -Hi School
43,560
1 00
x
82% =
0820000 /
00672
= 122024
$26235
Developed Parks
500
x
10% =
0.500000 /
00672
= 74405
$15997
Golf Courses
1000
x
3% =
0300000 /
00672
= 44643
$9598
Vacant
200
x
1% =
0020000 /
00672
= 02976
$640
SFR = Single Family Residential 0 0672 = Drainage Units per median SFR ERU = Equivalent Residential Unit
Note Condominium parcel areas include a prorata share of the common areas of the complex
It should be noted that 50% of all Single Family homes will have a charge equal to or less than the
median fee of $21.50.
The Preliminary Charge Roll, which is a listing of each parcel to be charged a fee and its proposed
maximum fee for FY 2009-10, is on file in the office of the City Clerk.
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City of Santa Clarita
Stormwater Pollution Prevention Fee
Modified Rate Analysis Report
Appeals Process
June 9, 2009
Page 9
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
Staff's 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 Staffs 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.
Respectfully submitted:
Harris & Associates
Joan E. x, PE
Sr. Project Manager
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