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HomeMy WebLinkAbout2011-05-24 - AGENDA REPORTS - STORMWATER PREVENTION FEE (2)Agenda Item: 13 CITY OF SANTA CLARITA AGENDA REPORT PUBLIC HEARING City Manager Approval: Item to be presented by: Darren Herndndez DATE: May 24, 2011 SUBJECT: ANNUAL PUBLIC HEARING REGARDING THE STORMWATER POLLUTION PREVENTION FEE; AND INTRODUCTION AND FIRST READING OF AN ORDINANCE DETERMINING THE ANNUAL STORMWATER POLLUTION PREVENTION FEE FOR FISCAL YEAR 2011/12 DEPARTMENT: Administrative Services RECOMMENDED ACTION City Council: 1. Conduct a public hearing on the annual report and list for the Stormwater Pollution Prevention Fee for Fiscal Year 2011/12. 2. Introduce and pass to second reading an ordinance entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DETERMINING ITS ANNUAL STORMWATER POLLUTION PREVENTION FEE FOR FISCAL YEAR 2011/12." BACKGROUND The collection of the Annual Stormwater Pollution Prevention Fee (Fee) began in 1992. The Fee is used to meet the requirements of the 1972 Federal Clean Water Act and the acquisition of the National Pollutant Discharge Elimination System Permit (Permit) and maintenance of this system. Under this Permit and with the Fees collected, programs are administered and funded, such as pollution education and prevention, street sweeping, and cleaning of storm drain catch basins. Ordinance passed to Second reading hearing or meeting where an oral and written presentation may be made; in connection with the Fee. The City Clerk has published notice of such annual public hearing as provided by law, and a public hearing is scheduled to be held on May 24, 2011. In 2009, property owners approved the Fee by a vote through a Mailed Ballot Special Election process that was conducted per the requirements of the California State Constitution and under Proposition 218 and Article XIIID. With a new rate methodology, the approved Fee reduced the annual stormwater cost for most residential property owners. A total of 13,459 valid ballots were received; of those 10,294 (76%) voted "yes," and 3,164 (24%) voted "no." As a result, the City Council held a public hearing on October 27, 2009, and adopted Ordinance No. 09-14 (Ordinance,) establishing the new methodology to be used to calculate the Annual Stormwater Pollution Prevention Fee. Pursuant to Section 3 of the Ordinance, the City Council shall annually determine the rates of the Fees subject to the maximum fees authorized by the Ordinance. The City Council may determine to do any of the following: a) discontinue the Fee, b) reduce the actual Fee rate imposed below the maximum Fee rate authorized, or c) increase their 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. It is proposed that the Fee increase by $0.95 per Equivalent Residential Unit (ERU), making the maximum Fee for Fiscal Year 2011/12 $22.45 per ERU. This is the voters' authorized maximum, as it may only increase by an amount equal to the Consumer Price Index for All Urban Consumers for the Los Angeles, Riverside, and Orange County areas. The Stormwater Fee methodology was modified in 2009, and the City Council chose not to raise the Fee for Fiscal Year 2010-11. The funds may be used to help fund the studies for Bacteria TMDL Compliance Requirements mandated to by the Los Angeles County Regional Water Quality Control Board. The studies will be conducted over several years, and for Fiscal Year 2011-12, $265,000 has been recommended to be included in the City Budget. Staff anticipates that future costs for Bacterial TMDL compliance will exceed the total amount of the Stormwater Fee. An annual report and preliminary list of the rates for each identified parcel subject to the Fees for Fiscal Year 2011/12 has been prepared (Annual List) and is on file with the City Clerk. Following the public hearing, the City Council may consider the attached ordinance determining the rate for the Annual Stormwater Pollution Prevention Fee for Fiscal Year 2011/12. If the attached ordinance is adopted, Willdan Financial Services, Inc. is directed to prepare and file the Annual List with the Los Angeles County Assessor to be placed on the tax rolls and collected with regular City and County taxes. ALTERNATIVES ACTIONS Other action as determined by the City Council. -2-- ALTERNATIVES ACTIONS Other action as determined by the City Council. FISCAL IMPACT There is no impact to the General Fund with this action. ATTACHMENTS Ordinance Stormwater Pollution Prevention Fee - 2011/2012 Annual Fee Report available in the City Clerk's Reading File -3- ORDINANCE NO. I I - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DETERMINING THE ANNUAL STORMWATER POLLUTION PREVENTION FEE FOR FISCAL YEAR 2011/12 WHEREAS, the City of Santa Clarita (City) is empowered by Health and Safety Code Section 5471, Government Code Section 54300 et seq., Government Code Section 54999 et seq., and Chapter 15.50 of Title 15 of the City's Municipal Code (Code) to prescribe and collect rates and charges, including storm drainage user charges and fees for services and facilities furnished by the City in connection with its stormwater drain system; and WHEREAS, in order to better provide for storm drainage and flood control services, including pollution prevention for the City, the City Council of the City of Santa Clarita (City Council) proposed to restructure its storm drainage pollution abatement charge, be known as the "Stormwater Pollution Prevention Fee" (Fee); and WHEREAS, a written report entitled, "Rate Analysis Report," dated February 23, 2009, (Report) was prepared for the City by Harris & Associates and filed with the City Clerk of the City relating to the Stormwater Drainage Utility (Program), containing 1) the identification of the parcels of land within the City upon which the Fee should be imposed (Identified Parcels), 2) the method for determining the amount of the Fee to be imposed each year upon the Identified Parcels as a source of funding for such storm drainage and flood control services, including but not limited to services with which to manage stormwater runoff, so as to better protect life and property within the City, and 3) the proposed Fee amount of $21.50 per Equivalent Residential Unit for Fiscal Year 2009/10 and the maximum annual amount thereafter to be imposed on the Identified Parcels; and WHEREAS, by its Resolution No. 09-16, adopted on March 10, 2009, the City Council accepted the Report, and scheduled a public hearing; and WHEREAS, in compliance with the provisions of Section 6 of Article XIIID.of the California Constitution ("Section 6" and "Article XIIID," respectively), the Proposition 218 Omnibus Implementation Act (Government Code Section 53750, et seq.) (Act) and the Code, the City Council on May 26, 2009, and continued to June 9, 2009, conducted a public hearing on the matters of the Program, the proposed Fee, and any other aspect of the Report; and WHEREAS, following a determination that there was not a majority protest, the City Council in its Resolution No. 09-50, confirmed the Report, as modified, and called a special mail ballot election for August 25, 2009; and WHEREAS, by resolution adopted on September 8, 2009, the City Council declared that the ballot measure to authorize the restructuring and levy of the Fee, as described and subject to the terms and conditions of the prescribed by the Report, is passed; and WHEREAS, by Ordinance No. 10-14 adopted on October 27, 2009, the City Council authorized and adopted the restructuring, levy, and collection of the Fee, beginning with the Fiscal Year 2010/11; and, WHEREAS, the Fee would continue to be collected on the County of Los Angeles tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, the general taxes of the City in the manner prescribed by Sections 5473 et seq. of the California Health and Safety Code, as provided in Chapter 15.050 of the Code; and WHEREAS, pursuant to Section 15.50.070 of the Code, the City shall annually hold a public hearing or meeting where oral and written presentations may be made in connection with the Fee; and WHEREAS, the City Clerk has published notice of such annual public hearing as provided by law, and a public hearing was held on June 8, 2010, where oral and written testimony was taken; and WHEREAS, pursuant to Section 3 of Ordinance No. 09-14, the City Council shall determine the amount of the Fees for the Fiscal Year 2010/11, subject to the maximum fees authorized by Ordinance No. 09-14 and as set forth in the Report, and, in connection therewith, an annual report or list of the Fee for each Identified Parcel for Fiscal Year 2010/11 has been prepared (Annual List); and WHEREAS, it is now appropriate that the City Council determine the amount of the Fees. for Fiscal Year 2011/112. NOW, THEREFORE, the City Council of the City of Santa Clarita, California, does hereby ordain as follows: SECTION 1. Recitals True and Correct. The foregoing recitals are true and correct, and the City Council hereby so finds and determines. SECTION 2. Annual Procedure for Determination of Fees to be Levied. Pursuant to Ordinance No. 09-14 and applicable law, without voter approval, in any year, the City Council may do any of the following: a) discontinue the Fee, b) reduce the actual rate imposed below the maximum rate authorized, or c) increase the rate up to or below the maximum voter -authorized rate if it has been previously set below such rate. The City Council shall not be required to include an inflation increase in each year but may accumulate the inflationary increase and enact the cumulative amount. In no event shall the City Council increase the rate in excess of the maximum rate approved by the voters without voter approval required by Section 6 of Article XIIID. 2 —5– SECTION 3. Amount of 2011-2012 Fee. The City Council has determined to increase the Stormwater Pollution Prevention Fee for Fiscal Year 2011/12 by $0.95 per Equivalent Residential Unit (ERU) for each Identified Parcel as provided in the Annual List on file with the City Clerk and incorporated herein by this reference. The Annual List is hereby approved. The amount of the Fee for Fiscal Year 2011/12 is $22.45 per ERU; this amount is the maximum voter -approved rate inclusive of a rate increased by an amount equal to the Consumer Price Index for All Urban Consumers, for the Los Angeles, Riverside, and Orange County areas. SECTION 4. Transmittal to County Auditor. On or before August 10, 2011, or such other earlier deadline as the Los Angeles County Auditor (County Auditor) may prescribe, the Willdan Financial Services shall cause the filing on behalf of the City with the County Auditor of the Annual List to be posted to the tax roll for collection, together with such additional information and in such format as the County Auditor customarily requires. . SECTION 5. Severability. If any one or more of the terms, provisions, or sections of this Ordinance shall to any extent by judged invalid, unenforceable and/or voidable for any reason whatsoever by a court of competent jurisdictions, then each and all of the remaining terms, provisions, and sections of this Ordinance shall not be affected thereby and shall be valid and enforceable. SECTION 6. Non -Exclusivity. Nothing in this Ordinance shall limit or preclude the enforcement of other applicable laws. SECTION 7. Effectiveness. This Ordinance shall take effect and be in force thirty (30) days after its passage. SECTION 8. Publication. The City Clerk is directed to cause this Ordinance to be published within 15 days of its passage in a newspaper of general circulation published and circulated within the City of Santa Clarita. 3 —6-- PASSED, APPROVED, AND ADOPTED this day of. MAYOR ATTEST: ACTING CITY CLERK DATE: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) , 2011. I, Kevin Tonoian, Acting City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance 11- was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the day of 2011. That thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council on the day of 2011, 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). ACTING CITY CLERK 4 —7— STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) CERTIFICATION OF CITY COUNCIL ORDINANCE I, , Acting City Clerk of the City of Santa Clarita, do hereby certify that this is a true and correct copy of the original Ordinance 11- , adopted by the City Council of the City of Santa Clarita, CA on , 2011, which is now on file in my office. Witness my hand and seal of the City of Santa Clarita, California, this day of 2011. Acting City Clerk By Deputy City Clerk 5 — F— CITY OF SANTA CLARITA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN: A Public Hearing will be held before the City Council of the City of Santa Clarita in the City Hall Council Chambers, 23920 Valencia Boulevard, 1st floor, Santa Clarita, California, on the 24th day of May 2011, at or after 6:00 p.m., to consider the FY 11-12 annual levy of a stormwater fee for the City's Stormwater Pollution Prevention program. The City Council, pursuant to Health and Safety Code Section 5471, Government Code Section 54300 et seq., Government Code Section 54999 et seq. and Chapter 15.50 of Title 15 of the City's Municipal Code (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, desires to establish the FY 2011-2012 Fee and levy said fees. Proponents, opponents, and any interested persons may appear and be heard on this matter at that time. Further information may be obtained by contacting the Administrative Services Department, 23920 Valencia Boulevard, Suite 260, Santa Clarita, CA 91355; (661) 286-4005, Dennis Luppens, Special Districts Administrator. If you wish to challenge this action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council, at, or prior to, the public hearing. Dated: May 3, 2011 Kevin Tonoian Acting City Clerk Publish Date: May 6, 2011 S. IGMublic 11—mgs110/1PH S1ornwc1 No1i-_0514/Ld— I INTRODUCTION..........................................................................................1 BACKGROUND INFORMATION......................................................................:..........1 COMPLIANCE WITH CURRENT LEGISLATION........................................................ 3 SERVICES FUNDED.................................. ................................................. 4 RATE STRUCTURE ANALYSIS.................................................................5 COSTESTIMATE........................................................................................ 9 FEE CALCULATIONS...............................................................................10 APPEALSPROCESS................................................................................12 W I L L D A N ,,. Financial Services TR x T ON The City of Santa Clarita (City) Stormwater Pollution Prevention Fee is being levied per Chapter 15.50 of the Santa Clarita Municipal Code and the California Health and Safety Code Section 5471 et seq. This Annual Fee Report (Report) is prepared pursuant to the California Health and Safety Code Section 5473 in order to place the fee on the Los Angeles County property tax bills. In May 1992, the City provided the County with a letter of intention to participate as a Co -Permittee with the County in the application of a National Pollution Discharge Elimination System (NPDES) permit. There were eighty-six (86) other co -permittee agencies that filed a letter of intention to participate in the County's NPDES Permit No. CA006154. BACKGROUND INFORMATION In accordance with the Federal Clean Water Act of 1972, the United States Environmental Protection Agency (EPA) is required to establish regulations setting forth NPDES permit standards. The enactment of 1987 amendments to the Federal Clean Water Act (Act) of 1972 imposes permit requirements for discharge of storm waters. The Act allows the EPA to delegate its NPDES permitting authority to states with an approved environmental 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, 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. The City of Santa Clarita 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 2011/2012 Stormwater Pollution Prevention Fee Page 1 of 12 MVWILLDAN �;�;I_ '. Financial Services 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. There are some storm drainage catch basins owned by LACFCD and others that are owned by the City. In order to provide for the safety of the residents of the City and protect property in the City from the damage associated with flooding and to meet water quality requirements of the NPDES permit issued to the City by the LA-RWQCB and SWRCB, it is necessary to design, construct, operate, maintain, improve and replace storm drainage facilities which collect storm and surface water runoff and convey and treat such runoff in a safe manner to an acceptable point of discharge. It is also necessary to inspect, monitor, and take enforcement action related to illegal dumping, illicit discharges, and various water quality concerns. In order to properly fund such facilities and activities, the City Council has determined that it is necessary to impose on all properties in the City a user charge for storm drainage service. In addition to existing costs, the City incurred significant increased costs for compliance with the new NPDES Permit issued by the LA-RWQCB and SWRCB in 2009. There is a significant monitoring requirement. Currently, Los Angeles County pays for a single mass emissions'monitoring station on the Santa Clara River. The 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 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 is 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 2011/2012 Stormwater Pollution Prevention Fee Page 2 of 12 m WILLDAN Financial Services 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. The Stormwater Pollution Prevention Fee will continue to provide funding for. the ongoing water quality requirements for the drainage facilities serving the properties within the City of Santa Clarita. COMPLIANCE WITH CURRENT LEGISLATION On November 5, 1996, California voters approved Proposition 218 (The Right To Vote On Taxes Act) that established specific requirements for the ongoing imposition of taxes, assessments and fees. The provisions of this proposition are now contained in the California Constitutional as Articles XIIIC and XIIID. The Stormwater Pollution Prevention Fee must comply with the provisions of Article XIIID of the California Constitution. Section 6.b of Article XIIID has the following requirements for all "new, extended, imposed or increased" fees and charges: • "Revenues derived from the fee or charge shall not exceed the funds required to provide the property -related service." • "Revenues derived from the fee or charge shall not be used for any purpose other than that for which the fee or charge was imposed." • "The amount of a fee or charge imposed upon any parcel or person as an incident of property ownership shall not exceed the proportional cost of the service attributable to the parcel." • "No fee or charge may be imposed for a service unless that service is actually used by, or immediately available to, the owner of the property in question. Fees or charges based on potential or future use of service are not permitted. Standby charges, whether characterized as charges or assessments, shall be classified as assessments and shall not be imposed without compliance with [the assessment section of this code]." "No fee or charge may be imposed for general governmental services including, but not limited to, police, fire, ambulance or library services where the service is available to the public at large in substantially the same manner as it is to property owners." 2011/2012 Stormwater Pollution Prevention Fee Page 3 of 12 WILLDAN Financial Services G N . Expenditures from the revenue generated from the Stormwater Utility fee are to comply with the requirements set forth, in the NPDES permit. The activities and services funded by this fee include, but are not limited to: 1. Administration and oversight of the requirements set forth in the NPDES permit to various City departments, developments, and local agencies. 2. Prepare ordinances and resolutions designed to remain in compliance with the rules and regulations required by the NPDES permit, the Clean Water Act, and the Porter -Cologne Act. 3. Respond to and investigate incidents of illicit discharges and illegal connections to the storm drain system. 4. Periodically inspect facilities for proper handling of materials, chemicals, pollutants, garbage, waste, and debris and prevent any discharges to the storm drain system. 5. Regularly clean and provide maintenance of catch basins, the flow line, and storm drainage facilities. 6. 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. 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. Discourage the improper disposal of litter, garden clippings, leaves, and pet waste into the street or the storm drain system. 2011/2012 Stormwater Pollution Prevention Fee Page 4 of 12 4 /WILLDAN _ r Financial Services � m Mas. - ,x ... 6 Section 6.b of Article XIIID of the State Constitution states that: "The amount of a fee or charge imposed upon any parcel or person as an incident of property ownership shall not exceed the proportional cost of the service attributable to the parcel."'and "No fee or charge may be imposed for a service unless that service is actually used by, or immediately available to, the owner of the property in question." By definition, all properties that shed stormwater into the City's stormwater drainage system, use or are served by the City's stormwater drainage system; therefore should be subject to a fee. The amount of use attributed to each parcel is measurable by the amount of storm runoff contributed by the property, which is directly proportional to the amount of impervious area on a parcel (such as buildings and concrete). The more impervious area on a property, the more storm runoff the property generates, the more demand placed on the storm drain system. The amount each parcel uses the stormwater drainage system is computed by the following formula: (Parcel Area) x (Impervious Percentage) = Drainage Units The typical percent impervious (% Impervious) for land uses in the City, as provided in the Los Angeles County Flood Control District Hydrology Manual, updated January 2006, have been applied for the purposes of estimating the runoff generated by each property. These are shown in Table 1 on the following page. 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 2011/2012 Stormwater Pollution Prevention Fee Page 5 of 12 Financial Services The table below provides a preliminary summary Of Drainage ijO)ts and ERUs for the various land uses in the City. 2 UX 26.34 1,08236 hi6 t, 42,51 0257 " A ormu a, 1678A '249'68 Al 53T b,495.21 1 1,360.50' 1,9t 54, 290.73 L6w,Density`GNQO: 4,995': -:88174 55% 460.7(5 6,856.58 Med Density CNDO 529.63 86%, 445.62 6,631,24 22,32, 332,10 25' 610 75.88 291. -91 959 2011/2012 StonnwaterPollution Prevention Fee Page 6of12 A ormu a, 53T b,495.21 1 1,360.50' 2011/2012 StonnwaterPollution Prevention Fee Page 6of12 v� WILLDAN Financial Services SFR properties are separated into 3 groups and their impervious percentage is calculated as follows: Multi -Family Residential (MFR) and Condominium (CNDO) units are split into categories by the density, or number of dwelling units per acre (DU/Ac) as follows: S NO! ...�. -.WN & ' SSR 0:5 are SFR ..arcels�05 ac�es.orless._�' Acres -x 42% max=0.21 SFR -1 are SFR ' arcels,0.5:=1 acres 0.21 + acres — 0:5 x 21,% max=0:315 SFR` Rural:;are'SFR, arcels.more.than1,acre °. 0.315 + acres —1.0 x 10% 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: S qa .HI h Denslt & ' Greater. 'han 18'-DU/Ac, 9Q% Med:Densit ;>.1�0—.18IDU/Ac, 86% .- Low,D'ensif`than 10 Du/Ac 55% Condominium unit parcel areas are calculated: 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 Clarita and the Santa Clara River Watershed, there are many separate drainage areas of various terrains and with inlets, pipes and channels made of various materials and in various conditions. The storm drain system discharges to the Santa Clara River and its tributaries. The Santa Clara River provides habitat to hundreds of plant and animal species. It also provides about 50% of the area's water supply. 2011/2012 Stormwater Pollution Prevention Fee Page 7 of 12 �'` WILLDAN :, Financial Services All parcels draining into City -maintained drainage infrastructure is proposed to be charged the same user fee rate per ERU for stormwater runoff treatment. The Stormwater Pollution Prevention Fee is proposed in perpetuity. For the purposes of this report, City -maintained drainage infrastructure includes streets, pipes, inlets, outlets, and natural drainage courses, and is also referred to as the "City's stormwater drainage system." Parcels related to these types of property uses are exempt from the runoff charge, as they are part of the infrastructure being funded. Also exempt from the runoff charge is Caltrans right-of-way, because Caltrans handles its own runoff under a separate NPDES permit. Elementary through High Schools (EI -Hi Schools) have been looked at on an individual basis to determine the actual percent impervious for each property, as properties with this use had a wide range of impervious percentages. Properties that had submitted appeals to the charge were reviewed and a determination has been made on a parcel -by -parcel basis as to the applicability of the appeal to this methodology. 2011/2012 Stormwater Pollution Prevention Fee Page 8 of 12 Willt°M« 0` WILLDAN Financial Services Reserves 50%`Operating Reserve a $2 766;000` Less Site= ecifc`Re's`erve 27;500 ,( p.. ). ( ) ,�' `E ui meni, lacemen`t Reserve $586,738 .:. Subtotal 201112012 Reserves; $3,325,238 1 Total2011/2012 Ex enditures:- $9,007,104 FY 201112012PRev6ues �, ns 3? mF 32;660" Bridgeport 27';.100 =Creekside' m 25;000 Hidden Creek 21,300 'Hart Pony.' 6,200 2011/2012 Stormwater Pollution Prevention Fee Page 9 of 12 �/'WILLDAN Financial Services r W L_ eK The estimated annual costs for the proposed storm drain improvements are $2,997,373. Dividing that amount by the total number of ERUs in the City, the estimated Stormwater Pollution Prevention Fee rate is $22.45 per ERU for fiscal year 2011/2012. The maximum amount that can be charged per ERU for fiscal year 2011/2012 is $22.45 per ERU. The maximum rate will be increased each fiscal year by the annual change in the Consumer Price Index (CPI), during the preceding year, for All Urban Consumers, for the Los Angeles, Riverside and Orange County areas, published by the United States Department of Labor, Bureau of Labor Statistics (or a reasonably equivalent index should the stated index be discontinued). The following table provides sample fee calculations for various land uses and parcel sizes for fiscal year 2011/2012. SFR 0 5 ... �. =' ° 3;500 :. , 0:08 x ��-i 41 : `42% ;,_ ., .:.`.0:033600:" � . ��010672 7 ..'., . •�Oi5. ° , v $11.23, SFROg5 ,.- 5,000x:.xr 42%°. ; °-0.046200!? ,.. 60672, 0'.6875. $15:43 r,- " &"i d , m e SER 0.5 .., <: , , 7,000 «. 016'" x "." , �. -,' 42% Q 067200,/` 0 0672' _ 1 ' $22.45: SFR- 5 .° -12,000? ;. 2 8 `" z � 42% ` 0.117600 / ` "0 0672 - `1.75,' $39.29 SFR 0.5...: `21;500- ': ", 0.99 , , x 42% _ 0.205800 �/ 0.0612 = � 3.0625 $68.75 SFR7�1� s„ �'. 22,0001 -. F 0.51„ .-x .-,, '0.21. ac -0.5 x21%o,-. = 0.212100,1, 0:0672 _ -3.1563 $70.86 SFR -'l 35;000, ,7,, 0 8' -.x - 021 ` ac -0 0.2730 00 "1 0.0672, _ 4.0625 $91.20 SFR -Rural ... -- 87;120 `.... - - 2.; x - 0 315 +(ac -1 x10% _ -.0.415000 /, 0:0672 6.1756 $138.64 Deis�CNDO- - -55% 006- 3, $29;40Low L"ow Densi MFR ' 43,560r 1 x ,. '. 55°l0 ' 10:550000J .. 0 0672 , = 8.1845 ;,� $183.74 x , 86%%, , 0'060200, 0 0672 0 8958 $20:11 Med Densit'rMFR ' `, 43,560' ~ t' x =&6% ,� 0.8600D0 l� x',0.0672 .12:7976:: _ :$287.31 Hi h'Densit ;CNDO, 1,800 '; 4° , x 90% _' _ "0.036600 1 '0'0672, - 0'5357 $12.03 HT'h-Densi `MER _ 43,560 ...100 ". x� 90% ` _ '-" -` 0.900000 / s . 0`0672 = 13.3929 $300.67 6,534'`i 415:__xSta6d 91% _ " D.136500 -/ 0:Q6,72 _-; .' _ 2.0313 $45.60 Retail 21,'780` t... °0.5�� x 97% = 0.4850001 -0:0672 =. 7.2172 $162.03 Business.Park21,780 :�„ .,, .05 ' x • . 91%, _ 0:455000 / 0.0672. _ 6.7708.: $152.00 offs ce° .. --. „ . `-' 10;890: `,;., 25_.:x 91% = D.2275D0./ 0.0672 _ 3.3854 $76.00 Li hi Indusfiiah _ �F43;560: �T , _ :1 `. .x „. .91P/°�;3r� _ 0.910000, t - 0:0672 _: -. '115417 $304:01 32,670 ,.- 0 75 x_' .... ` , 85% � ..,. `,0.637500 1 , 0.0672 _ , ,. ,: ; .9.4866 a'. " . $212.97 EI=Ni,School :. nr 7 ' .= 43 560.: 100 $x ,. a 82% ' x: ;0.820000 % 0:0672 , { „C . ,., 24 12202427M4, 5 �x ,^ q. ,,. 10,%- . .0.500000: /' •0.0672„ ,7.4405',., ," ` $167:04,; `° 0 30000Golf-Courses,� 00 100.22 "" 1? �:. Q020D00;1�.. -'O:Ofi72 - SFR Single Family Residential 0.0672 Drainage;Units per median SFR ERU, Equivalent Resident al Unit a. E Note ,CondofminiumP 6icel areas Include°a` r" rata share of the common areas of the coin lex ` 2011/2012 Stormwater Pollution Prevention Fee Page 10 of 12 WILLDAN Financial Services Fifty percent (50%) of all single family homes will have a charge equal to or less than the median fee of $22.45. The preliminary fee year 2011/2012, is the City Clerk. roll, which is a listing of each parcel to be charged a fee for fiscal by reference made a part of this report and is on file in the office of 2011/2012 Stormwater Pollution Prevention Fee Page 11 of 12 u" WILLDAN ;ems Financial Services 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: Property owner must provide written documentation explaining the reason why the charge should be changed. This documentation must include: a. The name, phone number, mailing address, and email address, if available, of the property owner. b. The Assessor's Parcel Number (APN) of the property in question. 2. If additional documentation is required or insufficient documentation was submitted, a representative of the Public Works Department or his or her designee (Staff) will notify the property owner in writing. 3. Once Staff has determined that sufficient documentation has been submitted, Staff will perform the initial review. Staff will notify the property owner in writing within four (4) weeks from the time sufficient documentation was submitted as to whether or not the fee amount will be changed. a. If the determination is to change the fee amount, then the new fee amount will be documented within the City's fee database. b. If the determination is that the fee should not be changed, the property owner can appeal Staffs decision to the City Engineer. The appeal must be made in writing and returned no later than four (4) weeks from the date of mailing of Staff s initial review decision. The City Engineer will notify the property owner in writing within four (4) weeks from the date of receipt of the appeal as to whether or not the fee amount will be changed. If the owner of any parcel shall have reason to feel that the computation of the ERU count for his/her parcel is not correct, that person may file an appeal with the City Engineer in the manner prescribed by the City Engineer. The City Engineer will consider all data provided by the appellant and shall render a decision in writing. The decision of the City Engineer will be final with respect to City action on the appeal. Appeals will be accepted annually up until June 30 for inclusion on the following fiscal year's property tax roll submittal. However, if an appeal is granted by Staff or the City Engineer that does not permit inclusion for the following fiscal year's property tax roll submittal, a reimbursement will be provided to the property owner by the City. 2011/2012 Stormwater Pollution Prevention Fee . 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