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Home My WebLink About2002-100 - Increasing the Amount of Sewer Water, Refuse and Various Specified BuildingRESOLUTION NO. 2002-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA INCREASING THE AMOUNT OF SEWER, WATER, REFUSE AND VARIOUS SPECIFIED BUILDING PERMIT AND INSPECTION FEES AND CHARGES TO FUND THE FEDERAL CLEAN WATER PROTECTION ENTERPRISE ESTABLISHED PURSUANT TO SECTION 18-165.2 OF THE SANTA ANA MUNICIPAL CODE AND ADDING SAID INCREASED FEES AND CHARGES TO THE MISCELLANEOUS FEE SCHEDULE bk:l 1/14/02 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: During the budget presentation for the 2002-2003 budget, the City Council was presented, at a study session, with evidence regarding the new Regional Water Quality Control Board (RWQCB) NPDES Permit issued to the City and effective January 1,2002, which adds major obligations to the City to pay its fair share of costs of the permit, to increase its inspection and enforcement, and to maintain, repair and replace the City's storm drain system. The City currently does not levy a fee or charge for the service of transporting storm drain water. It is appropriate that the generators of this service pay the reasonable cost of the City's service. The City's Charter and State law, provide that the City may establish reasonable charges and fees for the service the City provides in transporting storm drain water to the receiving waters of the United States. E= A fee for this service would not duplicate any existing fee, charge, levy or other toll currently collected by the City or any public agency, and would be distinct and separate from any current or future (i) permit fee charged pursuant to the City's existing NPDES rules and regulations; (ii) special benefit assessment or special tax imposed pursuant to state or local law; or (iii) any mitigation fee imposed on new development pursuan, t to state law (Government Code § 66000 et seq.) or local law. These fees, charges and surcharges would be set from time to time by resolution of the City Council and could be new fees or charges or additional surcharges on existing fees and charges, so long as they bear a reasonable Resolution No. 2002-100 Page I of 7 relationship to the burden placed on the City's system and/or the benefit received by the individual responsible for the fee, charge or sumharge. The moneys collected by such fees and charges would be placed into a fund that would be used only to comply with the costs associated with compliance with the RWQCB permit. No moneys from this fund would go to the city's general fund. The monies collected by the fees, charges and surcharges set by this resolution have been conservatively set; the fee will not pay for all the costs of the program which are estimated to be almost $2.1 million per year. Exhibit A to this resolution, showing the estimated costs of the program is attached hereto as Exhibit A and incorporated herein by this reference as though fully set forth. The fee established by this resolution is estimated to collect less $1.561 million this year. The City Council incorporates herein, as though fully set forth, the Request For Council Action accompanying this resolution, and all background information and studies presented to the City Council at the November 18, 2002 meeting, and the City Council study sessions leading up to adoption of the 2002-2003 budget. Section 2. The City Council hereby establishes the fees, charges and surcharges. A clean water protection enterprise surcharge to the water rate of three percent (3%) is hereby established. The revenue collected from this surcharge shall be deposited in the federal clean water protection enterprise fund. A clean water protection enterprise sumharge to the sewerage enterprise fee of five percent (5%) is hereby established. The revenue collected from this surcharge shall be deposited in the federal clean water protection enterprise fund. The refuse service surcharge increasing the amount of the solid waste program surcharge established pursuant to section 10 of the second amended and restated agreement for the collection of solid waste generated and/or accumulated in the City of Santa Ana is hereby increased from nine (9%) percent to ten and six/tenths percent (10.6%). One and six-tenths percent (1.6%) of this total shall be deposited in the federal clean water protection enterprise fund. The following building fees shall be levied by the City on all projects except that the Deputy City Manager for Development Services or designee shall establish a list of "small projects" that shall be exempt from Resolution No. 2002-100 Page 2 of 7 paying the increases to these fees, such as improvements with a valuation of less than $30,000, or improvements adding less than 500 square feet of enclosed space. Street Work Permits - permit fee increased by twenty six percent (26%). Sewer Lateral/Water Service Fee - permit fee increased by twenty six percent (26%) Public Improvement Plan Check Fee - permit fee increased by twenty six percent (26%). Site Plan Review Fee - permit fee increased by twenty six percent (26%). Building Permit Fee (except for small projects) - permit fee increased by twenty six percent (26%). Plumbing Permit Fee - permit fee increased by twenty six percent (26%). Grading Permit Fee - permit fee increased by twenty six percent (26%). The revenue collected from these fee increases shall be deposited in the federal clean water protection enterprise fund. The City shall commence collecting these fees, charges and surcharges on January 1, 2003 or as soon thereafter as is practicable in the opinion of the Executive Director of Finance, Section 3. Beginning July 1, 2003, at the commencement of each fiscal year, these fees, charges and surcharges shall annually be increased by an amount equal to the change since the last increase in the Consumer Price Index For All Urban Consumers ("CPI-U") for the Los Angeles-Riverside-Orange County region. Should a proposed CPI-U increase for any fiscal year not accurately reflect the increase in the City's costs to undertake the program set forth in this Resolution, then the Executive Director of the Public Works Agency, or designee is directed to place before the City Council a proposal to either (a) not increase the sewer service fee by the full change in the CPI-U, or (b) increase the sewer service fee by more than the change in the CPI-U. Section 4. This Resolution shall take effect upon the approval of Ordinance No. NS-2519 and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. Should said Ordinance not be adopted, or should said Ordinance not become effective, this Resolution shall be deemed null and void and of no further effect. Resolution No. 2002-100 Page 3 of 7 Section 5. That without further action of the City Council the fees, charges and surcharges established by this resolution shall be incorporated into the City's Miscellaneous Fee Schedule. ADOPTED this 18th dayof APPROVED AS TO FORM: November , 2002. AYES: Councilmembers: Alvarez. Bist. Franklin. McGuioan. Pulido, Solodo NOES: Councilmembers: Christv (1~ ABSTAIN: Councilmembers: None (0) NOT PRESENT: Councilmembers: None {0} CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2002-100 to be the original resolution adopted by the City Council of the City of Santa Ana on November 18, 2002. Date: /////~ 7/~°~ ~~ ~ · / ' ' Clerk of the Council City of Santa Ana Resolution No. 2002-100 Page 4 of 7 EXHIBIT A NEW FEDERAL CLEAN WATER PROTECTION ENTERPRISE (FIRST YEAR) BUILDING/DEVELOPMENT COSTS Costs associated with implementing NPDES permit requirements as they relate to the building/development process. $107,200 CAPITAL COST Costs associated with maintenance and replacement of existing storm drains in need of repair. $100,000 CATCH BASIN CLEANING COSTS Costs associated with annual cleaning of catch basins as required by the NPDES permit. $100,000 CONSULTANT COSTS Costs associated with consultant support required to meet the NPDES Permit Requirements. $100,000 COUNTY FEE AND CHARGES Costs to the County for payment of studies, staff and consultants, for work required to meet the NPDES permit requirements. $629,206 Resolution No. 2002-100 Page 5 of 7 EXHIBIT A NEW FEDERAL CLEAN WATER PROTECTION ENTERPRISE (FIRST YEAR) CHANNEL CLEANING COSTS Costs associated with annual cleaning of city owned channels as required by the NPDES permit. $50,000 INDUSTRIAL AND COMMERCIAL COMPLIANCE COSTS Costs associated with complying with the industrial/compliance requirements of the NPDES permit. $169,200 STAFF COSTS Staff required to implement the proposed program are as follows: Principal Civil Engineer (20%) .............................. Senior Assistant Engineer (50%) ............................... Maintenance Work I (50%) ...................................... Equipment Operator- Water Maint (OCCRR) (50%) ...... Senior Civil Engineer (30%) .................................... Water Maintenance Supervisor ................................. 28,995 46,881 22,629 32,419 30,176 20,826 $181,926 TRAINING AND OUTREACH COSTS Costs associated with the public training and outreach component of the NPDES permit. $123,600 Resolution No. 2002-100 Page 6 of 7 EXHIBIT A NEW FEDER~a~L CLEAN WATER PROTECTION ENTERPRISE (FIRST YEAR) COST ALLOCATIONS WATER County Fee and Charges 2/3 Training/Outreach Staff and Consultant Costs (51%) $ 629,206 $ 82,400 $105,085 SEWER Capital Staff and Consultant Costs (7%) $100,000 $ 14,283 REFUSE Staff (Maintenance) Catch Basin Cleaning Channel Cleaning Industrial Compliance 1/3 Training/Outreach Commercial Compliance Staff and Consultant Costs (34%) $ 75,874 $100,000 $ 50,000 $ 64,600 $ 41,200 $104,600 $ 70,188 BUILDING/DEVELOPMENT FEES Building Development Costs Staff and Consultant Costs (8%) $107,200 $ 16,490 TOTAL FEDERAL CLEAN WATER PROTECTION ENTERPRISE COST (FIRST YEAR) Total Cost $1.561 Million Resolution No. 2002-100 Page 7 of 7