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CC - Item 5B - Water Quality Funding InitiativeROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER DATE: JANUARY 8, 2013 SUBJECT: WATER QUALITY FUNDING INTIATIVE SUMMARY Since 1991, the City of Rosemead has participated as co- permitees with Los Angeles County and 84 cities under the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit. Since that time, the City has actively participated with cities in the region to adopt practices to address water quality issues. Recently, the Los Angeles Regional Water Quality Control Board (State of California agency) approved a new permit format that will require each agency to prepare individual MS4 permits. This effort, combined with other new requirements, is anticipated to be quite costly to implement, and could have significant potential impacts on the City's financial resources. In response to these new mandates, the County has developed the Water Quality Funding Initiative (WFI, also referred to as the Clean Water, Clean Beaches Protection Measure), a proposed parcel fee that would be used to offset the costs associated with new MS4 permit requirements. The WFI is a Proposition 218 parcel fee that as proposed, will be subject to approval by the Los Angeles County Board of Supervisors in January, and then to a vote of property owners in the Spring of 2013. All funding through the WFI would be used to offset the new unfunded mandates associated with the new MS4 permit developed by the Regional Water Quality Control Board. Staff Recommendation It is recommended that the City Council: 1. Provide input on mandated water quality projects and costs to the City; and 2. Receive and file this report. DISCUSSION Several segments of the Los Angeles River (LA River) and its tributaries were identified as impaired water bodies per §303(d) of the federal Clean Water Act. As such, the US Environmental Protection Agency (US EPA) and the State Water Resources Control Board (SWRCB) via the Los Angeles Regional Water Quality Control Board (Regional Board) were directed to prepare clean up plans — called Total Maximum Daily Loads ITEM NO. City Council Meeting January 8, 2013 Page 2 of 4 (TMDLs) — for affected waters. TMDLs attempt to eliminate water quality impairments within a certain amount of time. These TMDLs contain requirements for studies, monitoring and the development of programs to attain TMDL contaminant reduction targets over multi -year periods and are incorporated into the National NPDES Municipal Separate Storm Sewer System (MS4) Permit. TMDLs are anticipated to be quite costly to implement, and could have significant potential impacts on the City's financial resources. In order to understand the NPDES MS4 Permit and current storm water issues facing cities, it is important to review the history of clean water activities. Some key dates and events include the following: • Initial MS4 Permit— 1991 o Permit issued to LA County and 84 cities (including Rosemead) 0 5 year permit period duration o Contained 13 Best Management Practices to address water quality issues • MS4 Permit Renewal — 1996 o Required the County /Cities to develop a storm water management plan (SWMP) for LA County o Implementation of SWMP activities o 5 year permit period duration • Clean Water Act Lawsuit — 1999 • The National Resources Defense Council sued the USEPA over a little understood provision of the Clean Water Act known as Total Maximum Daily Loads (TMDLs) • Required the EPA to establish maximum daily levels of pollutants that could be discharged to a waterway • Settlement called for the EPA to prepare 135 TMDLs within California by 2011 • Set in motion costly clean water activities causing the cost of NPDES program to skyrocket MS4 Permit Renewal - 2001 • Permit remained largely unchanged from previous permit • Required commercial /industrial businesses to improve operations by implementing activities to reduce pollutant discharges • Implementation of TMDLs • New Permit - 2013 o Expected implementation of new permit in 2013/14 o Implementation of individual permits for cities instead of cooperative City Council Meeting January 8, 2013 Page 3 of 4 approach o Continued Implementation of TMDLs City Activities Related to TMDLs While Rosemead is not directly adjacent to the LA River, we are adjacent to other water bodies that flow into it (including the Rio Hondo River and Alhambra Wash). Because the LA River's impairments involve pollutants that originate throughout the watershed, the duty to adhere to the TMDLs applies to many agencies like us that are within the watershed area. In accordance with mandated activities, the City has continued its participation in efforts related to the MS4 Permit and implementation of TMDLs. Each year, the City completes an annual report of water quality efforts. This includes participation in stakeholder meetings, funding contributions to public outreach efforts led by LA County, and funding contributions towards required TMDL activities. The City currently budgets $75,000 annually to complete these activities (membership dues for the Coalition for Practical Regulation, preparation of MS4 Annual Report, staff training for City employees, MS4 permit costs, and expert consultant assistance). Over the foreseeable future, the City will be faced with ever increasing mandates related to TMDL and water quality efforts. Attachment 1 includes a table that summarizes programs and costs required with both existing and new mandates. County Water Quality Funding Initiative Given these mandated water quality activities and their financial impacts, it is important that the City continue to advocate for cost - effective ways to address water quality. In September 2010, AB 2554 was approved which allows the Los Angeles County Flood Control District to establish a fee to be levied and collected for water quality purposes. As a result, the Water Quality Funding Initiative (WFI, also referred to as the Clean Water, Clean Beaches Protection Measure) was developed to provide a stable, dedicated, long -term funding source for the implementation, construction, and operations and maintenance of water quality improvements through a property - related fee. The Flood Control District has worked extensively with municipalities and other stakeholders to draft the proposed Ordinance. The Ordinance would codify the governance, administration, and use of the fee, if and when the fee is approved by voters. The proposed Ordinance will allocate fee revenues and establish a governance structure in accordance with AB 2554 and the requirements of Proposition 218. It divides anticipated revenues among the Municipalities (40 %), Watershed Area Groups, comprised of Municipalities within the watershed (50 %), and the Flood Control District (10 %). Based on this formula, the City of Rosemead is expected to annually receive approximately $614,000 of the collected revenues. Expenditures can include costs associated with the NPDES permit, education, outreach, and water quality projects and programming costs. City Council Meeting January 8, 2013 Page 4 of 4 The proposed fee would be calculated based upon the size of the property, impervious area (e.g., roof, patio, etc) as determined by the property's land use, and the total cost of the improvements to be financed by the proposed fee. Fee amounts for single family residential homes will range between $8 and $83 annually, with the majority of homeowners paying $54 annually. Commercial and industrial parcels, which typically have much more impervious area, will be assessed larger amounts. Government parcels must also be assessed since they contribute runoff as well. It is estimated that the City of Rosemead's costs would total $12,000 annually. The Los Angeles County Flood Control District staff has developed the following schedule subject to the Approval by the Los Angeles County Board of Supervisors: • January 15, 2012: Proposition 218 mandated public hearing for the Water Quality Funding Initiative Fee March — May 2013: Property owner mail - ballot election for the Water Quality Funding Initiative Fee A summary of the anticipated revenue estimate and City share are included in Attachment 2. FINANCIAL REVIEW The WFI could provide a dedicated funding source for the City to meet new, unfunded mandates related to water quality efforts. ENVIRONMENTAL REVIEW The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (a) of the CEQA Implementing Guidelines. Submitted by: UMA� Chris Marcarello Director of Public Works Attachments: 1. Program Summary and Estimated Costs 2. 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O 0 V O :7 Q g g a" V 0 C 0 a w 0 O V e VI G 0 M to M y W O V g a V 0 d LA County Flood Control District, Clean Water, Clean Beaches Measure Revenues vs Fee Obligations Municipality Artesia • 19 • $ 3,000 Bell 72 $ 50,000 Bell Gardens 96 $ 15,000 Bellflower 84 $ 30,000 Cerritos 77 $ 97,000 Commerce 88 $ 50,000 Compton 188 $ 75,000 Cudahy 15 $ 14,000 Downey 116 $ 59,000 Hawaiian Gardens 51 $ 3,000 Huntington Park 95 $ 51,000 La Habra Heights 5 $ 2,000 La Mirada 39 $ 15,000 Lakewood 63 $ 57,000 Long Beach 1,423 $ 1,663,000 Lynwood 111 $ 36,000 Maywood 24 $ 9,000 Montebello 113 $ 44,000 Norwalk 46 $ 37,000 Paramount 95 $ 23,000 Pico Rivera 72 $ 23,000 Santa Fe Springs 117 $ 43,000 Signal Hill 182 $ 11,000 South Gate 122 $ 38,000 Vernon 49 $ 35,000 Whittier 257 $ 483,000 Agoura Hills 77 $ 41,000 Calabasas 125 $ 31,000 Hidden Hills 12 $ 11,000 Malibu 30 $ 42,000 Westlake Village 17 $ 7,000 Burbank 250 $ 326,000 Glendale 611 $ 887,000 San Fernando 96 $ 23,000 Santa Clarita 440 $ 461,000 Alhambra 118 $ 91,000 Arcadia 106 $ 77,000 Azusa 132 $ 70,000 Baldwin Park 77 $ 28,000 Bradbury 2 $ 1,000 Claremont 143 $ 102,000 Covina 75 $ 41,000 Diamond Bar 36 $ 30,000 Duarte 90 $ 13,000 LA County Flood Control District, Clean Water, Clean Beaches Measure Revenues vs Fee Obligations Municipality El Monte • 168 • $ 47,000 Glendora 230 $ 79,000 Industry 214 $ 315 Irwindale 59 $ 60,000 La Canada Flintridge 20 $ 5,000 La Puente 36 $ 10,000 La Verne 137 $ 34,000 Monrovia 208 $ 74,000 Monterey Parts 65 $ 78,000 Pasadena 356 $ 163,000 Pomona 518 $ 332,000 Rosemead 40 $ 12,000 San Dimas 71 $ 76,000 San Gabriel 35 $ 15,000 San Marino 12 $ 6,000 Sierra Madre 77 $ 18,000 South El Monte 9 $ 30,000 South Pasadena 62 $ 62,000 Temple City 36 $ 22,000 Walnut 123 $ 32,000 West Covina 282 $ 89,000 Carson 162 $ 105,000 El Segundo 42 $ 52,000 Gardena 54 $ 37,000 Hawthorne 71 $ 84,000 Hermosa Beach 70 $ 29,000 Inglewood 206 $ 69,000 Lawndale 35 $ 4,000 Lomita 16 $ 6,000 Manhattan Beach 71 $ 54,000 Palos Verdes Estates 192 $ 157,000 Rancho Palos Verdes 99 $ 171,000 Redondo Beach 97 $ 68,000 Rolling Hills 5 $ 4,000 Rolling Hills Estates 22 $ 36,000 Torrance 210 $ 142,000 Beverly Hills 120 $ 75,000 Culver City 207 $ 52,000 Santa Monica 199 $ 204,000 West Hollywood 23 $ 5,000 County 6,661 $ 5,788,000 Los Angeles 6,6331 $ 4,597,000 Grand Total 24,029 1 $ 18,546,000