R-10522City Council Meeting 09-14-10 Santa Monica, California
RESOLUTION NUMBER 10522 (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ESTABLISHING THE UNIT COST FOR PURPOSES OF CALCULATING THE
URBAN RUNOFF REDUCTION FEE IN ACCORDANCE WITH SECTION
7.10.050{r) OF THE URBAN RUNOFF POLLUTION ORDINANCE
WHEREAS, the City has a long and abiding commitment to the protection
of our beaches and ocean resources and to the protection of the health and
safety of the millions of residents and visitors who enjoy the Santa Monica
beaches and ocean front each year; and
WHEREAS, the City is authorized pursuant to Article XI, §5 and §7 of the
State Constitution to exercise the police power of the State by adopting
regulations to promote health, safety, and general welfare; and
WHEREAS, the City is authorized under the California Water Code to
adopt and enforce regulations imposing conditions, restrictions, and limitations
with respect to any activity which might degrade the quality of waters of the
State; and
WHEREAS, the City's watershed management program consists of
operation and maintenance of the City-owned s#ormwater system; compliance
with Federal, State, and local regulations including inspections, monitoring, and
enforcement;
implementation of the Santa Monica Bay Restoration Plan and the Watershed
Management Plan; and capital improvement projects to reduce and treat polluted runoff;
and
WHEREAS, the City operates and maintains 20 miles of storm drains, 824 catch
basin and other major infrastructure; and
WHEREAS, the City is responsible for the quality of the runoff and for all water
quality permitting and compliance related to stormdrain discharges into the ocean or
other water channels such as Ballona Creek; and
WHEREAS, urbanization has led to increased impervious surface areas that
results in increased runoff and the transport of pollutants to downstream receiving
waters and less percolation to groundwater aquifers; and
WHEREAS, State and Federal agencies have implemented stringent regulatory
standards for broad categories of water pollutants and continue to enhance these
requirements; and
WHEREAS, these regulatory standards include mandatory City compliance with
Total Maximum Daily Load (TMDLs); and
WHEREAS, the TMDL standards for which the City is responsible are those
related to Santa Monica Bay and Ballona Creek; and
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WHEREAS, the TMDL standards apply to both dry weather and wet weather
periods and cover a number of contaminants including bacteria, trash, toxics, metals,
pesticides and herbicides, and oil and grease; and
WHEREAS, these standards are in addition to the National Pollution Discharge
Elimination System (NPDES) permit requirements for all municipalities with Los Angeles
County which have been in place since 1995; and
WHEREAS, in a dynamic regulatory environment that continues to be developed
by the Regional Board, established TMDLs are continuously revisited and updated, new
TMDLs continue to be established, and the City's compliance responsibilities continue
to change over time; and
WHEREAS, the City has established amulti-faceted approach to stormwater and
runoff treatment and management; and
WHEREAS, in August 1992, the City adopted the Santa Monica Urban Runoff
Pollution Control Ordinance to reduce detrimental water quality impacts from urban
runoff on the Bay by requiring a runoff reduction of 20 percent for all new development,
implementing pollution control standards for construction sites, and setting good
housekeeping requirements for existing parcels; and
WHEREAS, in July 1995, the City created a stormwater Enterprise Fund and
adopted a stormwater parcel fee to cover capital and operational costs associated with
the storm drainage system and the management and administration thereof; and
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WHEREAS, in November 2000, in response to new Regional Board
requirements, the City revised the Urban Runoff Ordinance to establish an urban runoff
retention or treatment standard of the volume of runoff produced from a 0.75 inch storm
event; and
WHEREAS, in July 2006, the City approved a Santa Monica Watershed
Management Plan which is designed to reduce urban runoff pollution, reduce urban
flooding, increase water. reuse and conservation, increase recreational opportunities
and open space and increase wildlife and marine habitat; and
WHEREAS, the urban runoff management and pollution prevention activities of
the Plan will assist the City in complying with NPDES permit requirements and meeting
the goals of the Clean Water Act and new requirements promulgated by the Regional
Board relating to TMD~s; and
WHEREAS, in November 2006, the Santa Monica voters approved the Clean
Beaches and Ocean Parcel Tax (Measure V) to raise revenues to implement the City's
Watershed Management Plan; and
WHEREAS, on January 26, 2010, the City Council adopted the Measure V FY
2010-11 through FY 2014-15 Five Year Plan which includes green streets, park retrofits
where storm water is harvested and used for irrigation purposes, parkway/sidewalk
biofilters, catch basin inserts, curb extensions, rebate programs for the installation of
rain barrels, cisterns, and for downspout redirection, regional project contributions, and
the use of permeable surface construction in the public right of way; and
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WHEREAS, the City can mitigate the negative impacts of development and
urbanization by implementing new development/re-development performance criteria,
known as Low Impact Development which is widely recognized as an appropriate
approach to watershed management; and
WHEREAS, the Measure V funds are not sufficient to meet all the water quality
standards that the City is required to comply with, but are used to address urban runoff
pollution generated from public and private lands, in conjunction with all funds
generated by the City's Stormwater Enterprise Fund; and
WHEREAS, the revisions to the City's Urban Runoff Ordinance incorporate
necessary changes based on the City's extensive experience in implementing the
Ordinance, the objectives of the City's Watershed Management Plan, and on Regional
Board requirements that are expected to become part of the new NPDES permit;
and
WHEREAS, Section 7.10.050(q) provides that an applicant may pay an Urban
Runoff Reduction Fee in accordance with a specified formula as an alternative to
designing and installing an authorized BMP to treat the Project Mitigation Volume; and
WHEREAS, Section 7.10.050(r) provides that the City Council shall by resolution
establish the Unit Cost which constitutes the average cost per gallon for the City to
construct. post-construction BMPs on City properties during a five (5) year period prior to
the adoption of the resolution; and
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WHEREAS, after the Unit Cost is initially established based on this five (5) year
average, it shall automatically be adjusted annually thereafter based on changes in
construction costs; and
WHEREAS, the purpose of this resolution is to establish the initial Unit Cost in
accordance with the requirements of the Urban Runoff Pollution Ordinance,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
SECTION 1. Based on the cost to the City to construct post-construction BMPs
on City properties during the five (5) year period prior to adoption of this resolution, the
Unit Cost is hereby established to be $7.61 per gallon. Commencing on July 1, 2011
and on July 1St of each fiscal year thereafter, this Unit Cost shall be automatically
adjusted based on changes in construction costs.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be in full force and effect.
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APPROVED AS TO FORM:
Adopted and approved this 14t" day of
1, Maria M. Stewart, City Clerk of the City of Santa Mohica, do hereby certify that
the foregoing Resolution No. 10522 (CCS) was duly adopted at a meeting of the Santa
Monica City Council held on the 14t" day of September, 2010, by the following vote:
Ayes: Councilmembers: Bloom, Davis, Holbrook, McKeown
Mayor Shriver, Mayor Pro Tem O'Connor
Noes: Councilmembers: None
Abstain: Councilmembers: None
Absent: Councilmembers: O'Day
ATTEST:
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Maria M. Stewart, 'ty Clerk