O1811 (2)
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City council Meeting 7-25-95 Santa Monica, California
ORDINANCE NUMBER 1811
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ADDING CHAPTER 7.56 TO THE SANTA
MONICA MUNICIPAL CODE TO ESTABLISH THE CITY'S
STORM DRAINAGE SYSTEM AS A CITY UTILITY AND
ENTERPRISE, A STORMWATER MANAGEMENT FEE
AND A STORMWATER ENTERPRISE FUND
WHEREAS, the City of Santa Monica regulates the quality of
stormwater runoff that enters the City'S storm drainage system,
operates and maintains 20 miles of storm drains and 824 catch
basins, and enforces and implements local, state and federal
stormwater regulations including the City'S Urban Runoff Pollution
Control Ordinance and the Federal National Pollution Discharge
Elimination System (NPDES) permit; and
WHEREAS, the stormwater management programs of the city of
Santa Monica historically have been funded by the Wastewater
Enterprise Fund, which is supported by bimonthly service charges on
the utility bills of water customers in the City, and which will be
facing new demands for large capital outlays for the sewage
treatment system in the coming years; and
WHEREAS, the stormwater management and pollution prevention
activities of the City are expected to become significantly more
urgent over the next few years due to the federal mandates of the
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1995 National Pollution Discharge Elimination System (NPDES)
Permitting process; and
WHEREAS, the annual cost for stormwater management is
projected to be approximately $1.2 million for the next four years;
and
WHEREAS, finding an alternative method for financing the
city's stormwater costs serves the city's long term interests as it
prevents significant increases in wastewater rates, allocates costs
more equitably by charging citizens a fee which reflects the amount
of stormwater runoff generated by a given parcel of land instead of
by a customer's water usage, provides a more reliable revenue base
for stormwater management demands, and insures long term financing
in order to fully implement the Santa Monica Bay protection
programs; and
WHEREAS, an improperly maintained storm drainage system can
create prOblems such as increased risk of flooding, personal
injury, and property damage; and
WHEREAS, stormwater runoff can be contaminated with petroleum
products, pesticides, chemicals, heavy metals, animal droppings,
wastes containing human pathogens and garbage/ Ii tter which if
present can flow untreated through the storm drains and can enter
the ocean at surf line; and
WHEREAS, in order to protect the economic, recreational and
biological resources of the Santa Monica Bay, to provide for the
safety of the residents of the city and to protect property in the
City from the damage associated with flooding and to meet the water
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quality requirements of the NPDES permit issued to the City, it is
necessary to design, construct, operate, maintain, improve, and
replace storm drainage facilities which collect stormwater runoff
and convey and treat such runoff in a safe manner to an acceptable
point of discharge; and
WHEREAS, the city has studied storm water runoff patterns
within the City as well as existing and proposed storm water
management systems and associated public improvements, and has
determined that its storm drainage system should be operated,
maintained, upgraded, constructed and reconstructed as an
enterprise and utility of the City; and
WHEREAS, all developed real property and, to a lesser extent,
undeveloped property, utilize the city's storm drainage system
because these properties contribute storm and surface water runoff
to the City's storm drainage system as a result of the impervious
and semi-impervious nature of the property; and
WHEREAS, the City is authorized under California Government
Code Sections 54300 et seq., California Health and Safety Code
Section 5471, and California Constitution Article XI, Sections 5
and 7 to establish fees and charges to fund storm drainage
improvements and the operation and maintenance thereof; and
WHEREAS, municipal entities in nearly every state in the
country and throughout the State of California, including the City
of Los Angeles, Santa Clarita, Berkeley, Ontario, Hayward, Modesto,
Monterey, Palo Alto, Sacramento, Santa Cruz, San Jose and Tracy,
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have established utility enterprises to fund stormwater management;
and
WHEREAS, the City Council finds that a need exists to
establish a dedicated funding source for stormwater management
activities of the City and that the establishment of a storm
drainage utility and enterprise with user fees and charges is the
most equitable method of providing this funding; and
WHEREAS, in order to fund such stormwater facilities and
activities it is necessary to impose on all properties in the City
a user charge for storm drainage services;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 7.56 is hereby added to the Santa Monica
Municipal Code to read as follows:
CHAPTER 7.56. STORMWATER UTILITY.
7.56.010. Definitions.
The following words or phrases as used in
this Chapter shall have the following
meanings:
Adjustaent. A determination that the
volumetric amount of storm drainage which
enters the storm drainage system from a parcel
is sUbstantially different from the average
storm drainage.
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Annual Budget. The annual costs for the
storm drainage and storm drainage system to
provide for, among other related matters, the
funding, including the establishment of a
reserve balance, permitting, maintaining,
planning, designing, reconstructing,
constructing, environmentally restoring,
regulating, water quality testing, and
inspecting of storm drainage and the storm
drainage system and the management and
administration thereof. The annual budget
shall be based on the budget adopted by the
city council in the fiscal year in which the
stormwater management user fees are imposed
except the fees imposed in Fiscal Year 1995-96
shall be based on the Projected stormwater
Management Budget for Fiscal Year 1996-97.
Averaqe storm Drainage. The average
amount of storm drainage which enters the
storm drainage system from a parcel, based on
runoff factors established by the Los Angeles
county Flood Control District.
Basic Measurement unit (SKU). The
proportionate stormwater runoff from the
average single family residential parcel. The
average single family residential parcel has
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an area of 0.1526 acres and a runoff factor of
0.4176. The product of these numbers is .0637
and is defined as the Basic Measurement Unit.
All single family residential parcels consist
of one (1.0) Basic Measurement unit.
Basic Fe. (BF). The fee/charge for one
(1.0) PBU.
city. The City of Santa Monica.
city-wide PBU's. The number of PBU's
collectively for every parcel in the city.
Director. The Director of the
Environmental and Public Works Management
Department, or his or her designee.
Governmental. A municipal corporation,
ci ty and county, county, state, federal, or
governmental body, agency or entity.
OWner. The legal owner of the parcel of
real property, except when the legal owner of
the real property is such due to the holding
of a mortgage, note or other such security, in
which case the "owner" shall be deemed to be
the beneficial owner of said parcel of real
property.
Parcel. The smallest, separately
segregated lot, unit or plot of land having an
identified owner, boundaries, and surface area
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which is documented for property tax purposes
and given an assessor's identification nnmher
by the County of Los Angeles Tax Assessor.
Parcel Bi1.1.ing Units ("PBU"). The number
of Basic Measurement Units for a particular
parcel
and,
except
for
single
family
residences, is determined using the following
formula:
PBU =(parcel size) x (runoff factor)
BMU
single family residences have one (1) PBU.
Parcel Size.
The size of the parcel
measured in acres.
Runoff Factor. A number that represents
the amount of average storm drainage from a
parcel for a particular land use. The runoff
factor shall be derived from the runoff
factors utilized by the Los Angeles County
Flood Control District, a copy of which shall
be maintained on file in the city Clerk's
Office.
Single-Family Residential Parcel. A
developed parcel with one (1) single-family
detached housing unit.
storm Drainage.
The water that enters
the City'S storm drainage system.
From the
standpoint of source, it may be a combination
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of the runoff from residences, commercial
buildings, industrial plants and institutions,
together with any groundwater and surface
water that may be present~
storm Drainage System. All of the
property invol ved in the operation of the
storm drainage collection and disposal system
for the City of Santa Monica, including
conduits, natural or artificial drains,
channels and watercourses, together with
appurtenances, pumping stations and equipment.
User. An owner, whether private,
governmental, or otherwise of a unit,
building, premises, lot, or parcel in the city
of Santa Monica.
7.56.020. utility Created.
The City designates the City'S storm
drainage system as a city enterprise and
utility. This utility will be supported all
or in part by the imposition of a stormwater
Management User Fee on all parcels of property
within the city which discharge storm water to
the City'S storm drainage system or are
otherwise served by the City'S storm drainage
system, except as otherwise provided in this
Chapter. The purpose of this utility is to
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provide for, among other related matters, the
funding, including the establishment of a
reserve balance, permitting, maintaining,
planning, designing, reconstructing,
constructing, environmentally restoring,
regulating, water quality testing, and
inspecting of storm drainage and the storm
drainage system and the management and
administration thereof.
7.56.030. stormwater Management User
Fees.
(a) There is imposed on each and every
parcel in the City, and its owner, a
stormwater Management User Fee. This fee is
necessary to pay for (1) the operation,
administration, maintenance, improvement,
environmental restoration, and replacement of
the existing storm drainage system, (2) the
operation, administration, maintenance,
environmental restoration and replacement of
future such systems, (3) improving the
quality of stormwater, (4) complying with
local, state, and federal stormwater
regulations and (5) to pay for, or secure the
payment of, any indebtedness incurred for
these purposes. All of the proceeds of these
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fees are in paYment for use of the City's
stormwater Management utility by developed and
undeveloped parcels and their owners.
This
fee shall not exceed the reasonable cost of
providing
the
services,
facilities
or
regulatory activity for which the fee is
charged.
(b) The Basic Fee shall be calculated by
applying the following formula:
BF = Annual BUdqet
City-Wide PBU's
(c) The stormwater Management User Fee
for each parcel shall be calculated by
applying the following formula:
Annual Fee = PBU X BF
(d) For Fiscal Year 1995-96, only one-
half the annual fee shall be imposed on each
parcel.
(e) The annual fee for non-City
governmental parcels shall be reduced by the
percentage of the Annual Budget attributable
to proposed capital expenditures.
7.56.040. stormwater Kanaqement
Enterprise And utility Fund.
(a) There is hereby established a
special fund in the City Treasury entitled
UThe stormwater Management Enterprise and
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utility Fund, n herein after referred to as the
Fund.
(b) All revenues from the stormwater
Management User Fees established pursuant to
section 7.56.030 shall be deposited into the
Fund.
(c) Monies deposited into this Fund
shall only be expended for storm drain and
storm drainage related purposes as described
in sections 7.56.020 and 7.56.030.
(d) Appropriations shall be made as
provided for by the City Council.
(e) Monies in the Fund which are
received by the city sUbject to any
limitations on their use may only be expended
in accordance with those limitations.
7.56.050. Collection and Enforcement.
(a) The Stormwater Management User Fee
shall be collected by and be payable to the
Los Angeles County Tax Collector for the 1995-
96 fiscal year, and each subsequent fiscal
year, along with the general taxes, fees, and
charges collected by the Tax Collector.
(b) The stormwater Management User Fee
shall be an obligation of the record owner of
each parcel billed for storm drainage service.
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The fee shall be due and payable on the date
that Los Angeles County tax payments are due.
(c) The fee shall be considered
delinquent if payment is not received within
thirty (30) days of the date the payment is
due and payable. The City shall impose a ten
percent (10%) non-payment penalty on all
delinquent accounts. An additional one
percent (1%) penalty shall be imposed for each
additional thirty (30) day period the amount
remains unpaid.
(d) If the bill is not paid within sixty
(60) days of the date the payment is deemed
delinquent, the amount owing shall constitute
a lien against the parcel receiving the
service, and the city shall notify the
Assessee of the lien as provided for in Health
and Safety Code Section 5473.11. The lien
shall remain in effect for three (3) years
unless released upon payment of the
delinquent amount plus all penalties
associated therewith or otherwise discharged.
(e) If any portion of the collection or
expenditure of the Stormwater Management User
Fee provided for herein is declared invalid or
unconstitutional, the remaining collection, or
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expenditure of the stormwater Management Fee
shall not be affected but shall remain in full
force and effect.
7.56.060. Adjustments and Appeals.
(a) The Director shall have the power to
provide for adjustments which reflect, insofar
as determined reasonably possible by the
Director, the receipt from a premises into the
storm drainage system of quantities of storm
drainage which may be substantially different
from the average storm drainage, as said term
is used herein.
(b) Any user may apply in writing to the
Director for an adjustment within thirty (30)
days from the date the tax bill is mailed with
respect to the period for which the user seeks
adjustment.
(c) The Director shall provide for
action to be taken and a determination to be
made upon each application for adjustment
within thirty (30) days from the date said
application is filed whenever reasonably
possible, and shall cause the applicant to be
immediately notified in writing of any
determination on the application for
adjustment. Request for production of
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additional information may be made of the
applicant, and if the applicant fails to
produce the requested information within
fifteen (15) days from the date of mailing the
request therefor, the adjustment proceedings
may be terminated or such other action may be
taken as is deemed by the Director to be
appropriate.
(d) Any person who has filed an
application for adjustment and received a
determination thereon, and who has likewise
complied with the procedures of this Section,
may request a hearing before a Hearing
Examiner within the time and manner set forth
in Section 6.16.030. No hearing request shall
be held unless , within the time period to
request a hearing, the person has first paid
the disputed fee under protest.
(e) An adjustment determination shall
become final upon the termination of time for
filing a hearing before a Hearing Examiner as
provided for in this Section where no request
has been filed. In the event a request has
been timely filed, the determination by
Hearing Examiner shall be final on the date
that the decision is rendered except for
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judicial review. The Hearing Examiner's
decision shall not be appealable to the city
Council.
(f) The filing of an application for
adjustment or a request for a hearing before a
Hearing Examiner from a determination therein
shall not stay continued and further billing
during the course of time consumed in said
proceedings. Any such continued and further
billing will be adjusted, if appropriate, at
the termination of the proceedings in
conformance with the determination therein.
Acceptance of any payment by the Los Angeles
county Tax Collector on behalf of the city
subsequent to the application for adjustment
shall not preclude billing and collection
different from or in excess of such payments
and in conformance with said final
determination.
(g) Where a determination or adjustment
has become final as provided in this Section,
future tax bills shall reflect such
adjustment, unless otherwise determined by the
Director.
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7.56.070. Fees And Charqes superseded.
The fees and charges established by this
Chapter shall supersede all previously
established fees and charges for the same
regulation, product, or service.
7.56.080. Annual Review.
The Director shall annually review the
stormwater Management User Fee and recommend
to the City Council relative to any necessary
rate adjustments so as to ensure that each
user will pay his or her proportionate share
of the costs of storm drainage services.
SECTION 2. Any provision of the Santa Monica Municipal Code
or appendices thereto inconsistent with the provisions of this
Ordinance, to the extent of such inconsistencies and no further, is
hereby repealed or modified to that extent necessary to effect the
provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or
unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The city Council hereby
declares that it would have passed this Ordinance and each and
every section, subsection, sentence, clause, or phrase not declared
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invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance. The City Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
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Mayor
State of CalIfornIa )
County of Los Angeles ) ss
CIty of Santa MOllica )
I, Beth Sanchez, ActIng CIty Clerk of the CIty of Santa MOllica, do hereby certIfy that the
foregoIng OrdInance No 1811 (CCS) had Its first readmg on July 1 L 1995 and had Its second
readIng on July 250 1995 and was passed by the folloWIng vote
Ayes
CouncIl members
Abdo, Genser, Holbrook, O'Connor, Rosenstem
Noes
CouncIl members
Ebner
AbstaIn
CouncIl members
None
Absent
CouncIl members
Greenberg
ATTEST
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CIty Clerk/ v -- - #