Title
Report regarding a resolution approving the report of stormwater management service charges, approving the stormwater management service charges for the fiscal year 2020-21, and directing the county to collect stormwater management service charges on the official tax assessment roll. (Andrew Wemmer, Environmental Compliance Supervisor).
label
RECOMMENDATION
Recommendation
Staff recommends that the City Council conduct a public hearing and, by a four-fifths vote, adopt a resolution approving the following actions:
(1) Approve the report of stormwater management service charges;
(2) Approve the stormwater management service charges for the fiscal year 2020-21; and
(3) Direct the county to collect stormwater management service charges on the official tax assessment roll.
Body
BACKGROUND/DISCUSSION
The Environmental Protection Agency imposes regulations that mandate local government to control and reduce stormwater pollution runoff. The Clean Water Act of 1977 and the Water Quality Act of 1987 grants regulatory authority to state government. The framework for regulating stormwater discharge exists through a National Pollution Discharge Elimination System (NPDES) Permit. The permit is implemented and enforced by the California State Water Resources Control Board (SWRCB).
The NPDES Municipal Regional Permit (MRP) regulates stormwater compliance. The SWRCB renewed the MRP on November 19, 2015. This 152-page permit contains 22 provisions including:
• Municipal operations
• New development and redevelopment
• Industrial and commercial site control
• Illicit discharge detection and elimination
• Construction site control
• Public information and outreach
• Water quality monitoring
• Pesticides toxicity control
• Trash load reduction
• Mercury controls
• Polychlorinated biphenyls (PCBs) controls
• Copper controls
• Management of other chemical compounds
San Mateo Countywide Water Pollution Prevention Program (SMCWPPP) is the countywide program that works with cities to help them meet the MRP. The fiscal year 2020-21 marks the 28th year of South San Francisco’s participation in this program.
Water Pollution Prevention Program
Examples of general program responsibilities include:
- Coordinate the overall program efforts;
- Submit annual reports to the Regional Water Quality Control Board;
- Develop and sponsor training workshops; and
- Develop educational/informational materials for dissemination within jurisdictions.
-
- Examples of City-specific program activities include:
- Street sweeping, storm drain cleaning and other maintenance-related activities that may increase stormwater quality;
- Minimizing or eliminating potential stormwater pollution sources at commercial and industrial facilities through inspection and educational outreach activities, and to effectively prohibit illicit discharges (such as oil, paint, or soapy wash water) to the City’s storm drain systems; and
- Educating the public about the differences between the sanitary sewer and storm drain systems and the causes of stormwater pollution.
-
- Accomplishments of the South San Francisco FY 2019-20 Water Pollution Prevention Program to date include:
- Responded to over 31 spill or illicit discharge complaints of materials (i.e., paint, oil, fuel, or concrete materials) that had the potential to enter into the storm drain system;
- The Environmental Compliance Inspectors conducted over 133 erosion control inspections;
- The Environmental Compliance Inspectors conducted over 173 stormwater inspections of food facilities, auto repair facilities, and industrial facilities;
- Reviewed over 158 building and construction plans and prepared written comments requesting incorporation of stormwater pollution prevention measures and post-construction stormwater treatment measures;
- On August 27, 2019, the Environmental Compliance Program and Water Quality Control Division staffed an outreach and information booth at the SSF Mayor’s Town Hall event. Staff interacted with over 100 community members and distributed 99 reusable bags and various other outreach materials;
- On September 17-18, 2019, the City of South San Francisco’s Environmental Compliance Program participated in Pollution Prevention Week. Staff set up an outreach booth at the Public Library, and staff distributed 86 reusable bags and various other outreach materials to the community;
- The Environmental Compliance Program set up an outreach booth on August 10, August 17 and October 5, 2019, to provide pollution prevention outreach to the community at the SSF Farmers’ Market and staff distributed 267 reusable bags and various other outreach materials to the public;
- On Saturday, September 21, 2019, the City of South San Francisco in partnership with the County of San Mateo, sponsored a Creek Clean-Up Event of Colma Creek, north of the Utah Bridge, which was a three-hour event with approximately 96 volunteers, including city staff and community members, collecting over 1200 gallons of trash;
- On Saturday, September 28, 2019, the Environmental Compliance Program hosted an outreach table at the SSF Concert in the Park, held at Orange Memorial Park, to provide pollution prevention outreach and information to over 400 members of the public. Environmental compliance staff member distributed 235 reusable bags, and various other outreach materials to community members;
- The Environmental Compliance Program participated in several additional city-sponsored and community events, providing pollution prevention information, and distributing outreach materials.
Current Stormwater Fees
On July 19, 1993, the City Council adopted a stormwater fee that, at the time, represented an equitable distribution of stormwater regulation costs. The City established fees in 1993, taking into consideration the size and use of the parcel and the estimated amount of stormwater runoff generated by the parcel. Over the last 26 years, the MRP compliance requirements have increased, while the funding mechanisms for stormwater management have not increased. The fee continues to remain the same since its inception in 1993.
Under the City’s Municipal Code requirements, the Finance Director has filed with the City Clerk a report containing a summary of the annual charges of real property, computed in conformity with the schedule of charges. Additionally, the City Clerk published the notice of the public hearing per the applicable Municipal Code requirements. Following the adoption of the resolution approving the report of stormwater management service charges for the fiscal year 2020-21, the City Clerk will file a copy of the report, including the amounts of the service charges for each parcel, with the county auditor so that the county collects stormwater management service charges on the official tax assessment roll.
Fee Amendment Process
In October 2017, the State Assembly passed Senate Bill (SB) 231. Previously, stormwater was not included under the definition of “sewer” in Proposition 218, so approval of new or increased charges for stormwater management services would have required voter or property owner approval. The Legislature’s intention with SB 231 was for stormwater fees/increases to follow the same path through Public Notice and Hearing as the sanitary sewer service charges. Taxpayer groups have promised to challenge any stormwater fees increased utilizing the process for sanitary sewer charges, as authorized by SB 231. The courts have not yet ruled on the validity of SB 231. As a result, very few (if any) municipalities have implemented this process to increase stormwater fees.
RELATIONSHIP TO STRATEGIC PLAN
The Water Quality Control Plant (WQCP) Division promotes public health and environmental stewardship. Continuing to fund the Storm Water Program helps to ensure clean stormwater runoff to Colma Creek and the San Francisco Bay. The stormwater program positively influences the quality of life for South San Francisco Residents by protecting public health and safety.
FISCAL IMPACT
Expected revenue from the fiscal year 2020-21 stormwater fees is approximately $430,667. The proposed program budget for the fiscal year 2020-21 is $1,243,966. The remaining funding will be supplemented with the gas tax and general funds, as stormwater fees collected continue to fall short of the total service cost by roughly $814,000 per year. To stormwater, fees need to increase to make the fiscal shortfall whole. At the direction of City Council, staff can begin the proposition 218 processes to increase stormwater fees.
CONCLUSION
Staff recommends that the City Council conduct a public hearing, and by a four-fifths vote, adopt a resolution to:
(1) Adopt the report of stormwater management service charges;
(2) Approve the stormwater management service charges for the fiscal year 2020-21; and
(3) Direct the county to collect the stormwater management service charges on the official tax assessment roll to ensure continued funding of the stormwater program at the current rate.