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HomeMy WebLinkAbout2025-06-19; Stormwater Management Funding (Districts - All); Gomez, PazTo the members of the: CITY':9UN0 / Date b /11 laScA cc ..1L CM_u:~~DCM(3)L Council Memorandum June 19, 2025 To: From: Via: Honorable Mayor Blackburn and Members of the City Council Paz Gomez, Deputy City Manager, Public '-{:!_ff/ks/ Sheila Cobian, Assistant City Manager ))~ Re: Stormwater Management Funding (Districts -All) {city of Carlsbad Memo ID# 2025038 This memorandum provides information related to stormwater management funding in the City of Carlsbad. Background The city owns and operates a complex stormwater drainage system consisting of 828 miles of curbs and gutters, 4,495 storm drain inlets, 202 miles of pipelines, 3,911 cleanouts, 3.3 miles of open channels and 712 storm drain outfalls. The effective operation and maintenance of the system is critical for flood control, erosion control and safety, and to comply with the Municipal Stormwater Permit1 to protect water quality at our local creeks, lagoons and ocean. The safe and effective operation of the storm drainage system and implementing the Municipal Stormwater Permit are key to the city's values including open space and the natural environment, access to recreation and active, healthy lifestyles and sustainability. Stormwater Funding History • From 2003 to 2022, the Stormwater Fund received revenues from a stormwater fee paid by residents as part of their trash bill to fully fund the Watershed Protection Division, known at that time as Storm Water Programs, and approximately 85% of storm drain maintenance programs described below. • On April 6, 2021, the City Council adopted Resolution No. 2021-075 (Attachment A), approving an agreement to transition to a new waste hauler, Republic Services, Inc. Beginning on July 1, 2022, the Franchise Agreement required the waste hauler to charge customers the fee, instead of the city charging residents. The city receives quarterly 1 California Regional Water Quality Control Board San Diego Region Order No. R9-2013-0001, as amended by NPDES Order Nos. R9-2015-0001, and R9-2015-0100, NPDES No. CAS0109266 National Pollutant Discharge Elimination System (NPDES) Permit and Waste Discharge Requirements for Discharges from the Municipal Separate Storm Sewer Systems (MS4's) Draining the Watersheds Within the San Diego Region Public Works Branch Environmental Sustainability Department 1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2799 t Council Memo -Stormwater Management Funding (Districts -All) June 19, 2025 Page 2 reimbursement payments directly from Republic Services, Inc. to compensate for trash reduction-related stormwater program expenses. • In preparation for the updated fee structure, HF&H Consultants completed a Trash- Reduction Stormwater Cost Allocation Study (Attachment B), which determined the maximum allowable funding that can be collected based on the average annual projected trash reduction related costs. o The study determined that a total of $1,347,056 in annual trash reduction stormwater costs may be collected as a reimbursement from the city's waste hauler. o The city began receiving annual payments of $1.3 million from Republic Services, Inc., as of July 1, 2022, a decrease of $1.8 million from the previous fiscal year (FY). o That amount increased to $1,400,198 in FY 2023-24 and $1,435,803 is the estimate for FY 2024-25 due to a built-in escalator based on the Consumer Price Index, All Urban Consumers (CPI-U). The latest increase was 5.1%. • For FY 2022-23 and FY 2023-24, the average annual deficit of $1,521,666 was offset by using existing reserves in the Stormwater Enterprise Fund. • Drainage Capital Improvement Program, or CIP, projects are primarily funded by the General Fund, which vary year to year. In the FY 2024-25 budget, drainage CIP projects funded by the Infrastructure Replacement Fund had total requested appropriations of $8.2 million. Discussion There are three primary functional areas in the Public Works Branch that are key to stormwater management: the Watershed Protection Division in the Environmental Sustainability Department, and the Storm Drain Maintenance and Storm Drain Engineering divisions in the Transportation Department. The Watershed Protection Division implements compliance programs for the Municipal Stormwater Permit. The Storm Drain Maintenance Division inspects and cleans the storm drain system and manages the street sweeping contract. The Storm Drain Engineering Division plans and designs storm drain CIP projects. Storm Drain Maintenance Once the trash revenue decreased in 2022, the program's overall revenues were insufficient to support its expenditures. The program has since been using some of its fund balance to support its operations that are not otherwise covered by ongoing revenue sources. Unlike the General Fund, because this program is run through an enterprise fund, the fund balance can be used for operational costs. Based on preliminary budget estimates, the program will no longer be able to rely on its fund balance moving forward to help support operations. Because of this, the General Fund is transferring $2 million to the Storm Drain Enterprise Fund in the FY 2025-26 budget to Council Memo -Stormwater Management Funding (Districts -All) June 19, 2025 Page 3 help support the program and ensure it does not fully deplete its fund balance below acceptable levels. In addition to the decrease in revenue, program costs have risen and are expected to further increase in the FY 2025-26 budget. Most notably, the city's street sweeping contract funded out of this program is nearly doubling in cost from approximately $650,000 per year to $1,250,000 per year, primarily due to prevailing wage rates. This increase is expected to continue for the foreseeable future. Assuming that costs in the program continue to steadily increase in step with inflation in future years, and no other revenue source is identified, the program will need to rely on General Fund transfers to a greater extent. This will impact the General Fund forecast and its future surplus levels. Storm Drain Engineering In addition to operating costs, the city must consider the funding sources for storm drain management-related CIP projects. Priority projects include Buena Vista Creek Channel Maintenance at El Camino Real, Citywide Drainage Improvement Program and Headwall Replacement Program, among several others. These projects are primarily programmed within the city's Infrastructure Replacement Fund (IRF), which is funded by annual transfers from the General Fund. Allocations in the IRF for storm drain-related CIP projects vary annually but are projected to range between $6.7 million and $21.1 million on an annual basis over the next five years. Thus, the storm drain CIP projects are ultimately using General Fund dollars that could be otherwise allocated to support other city infrastructure. Aging stormwater infrastructure, along with impacts from climate change and sea level rise, will likely increase the need for additional storm drain CIP projects to safely manage stormwater and prevent flooding in the near and long term. Watershed Protection Lastly, while the exact costs are unknown, the city's costs to implement the Municipal Stormwater Permit are expected to increase with a new permit anticipated to be issued in FY 2026-27. In addition to the potential for new permit requirements, the city could face additional regulatory actions from the San Diego Regional Water Quality Control Board such as a Total Maximum Daily Load (TMDL), a pollution reduction plan that sets a limit on the amount of a pollutant like bacteria, sediment or nutrients, that can enter a water body from stormwater runoff. Implementation of TMDL could cost in the tens of millions of dollars. Funding sources Most municipalities in California fund their stormwater programs through non-balloted funding options. These may include options such as the General Fund, regulatory fees or solid waste fees, Council Memo -Stormwater Management Funding (Districts -All) June 19, 2025 Page 4 where appropriate. Additionally, there is an allowable balloted means for funding stormwater programs that includes a property-related fee, governed by the Proposition 218 process. In San Diego County, the Cities of Solana Beach and Del Mar both passed Proposition 218 stormwater fees in 2007 and 2008, respectively. The City of Encinitas attempted to pass a Proposition 218 stormwater fee in 2006, but the ballot measure did not pass. Next Steps Staff are evaluating potential funding sources that could provide long-term dedicated funding for some or all stormwater management programs moving forward. If the city chooses not to pursue a dedicated funding source, continued General Fund transfers will be needed to fund day-to-day maintenance and operations, stormwater permit compliance programs and storm drain CIP projects for the foreseeable future. Attachments: A. City Council Resolution No. 2021-075 B. March 12, 2021, Trash-Reduction Stormwater Cost Allocation Study cc: Geoff Patnoe, City Manager Cindie McMahon, City Attorney Laura Rocha, Deputy City Manager, Administrative Services Tim Lyons, Assistant City Attorney Tom Frank, Transportation Director/City Engineer Zach Korach, Finance Director James Wood, Environmental Sustainability Director ATTACHMENT B Managing Tomorrow's Resources Today 201 N. Civic Drive, Suite 230 Walnut Creek, California 94596 Telephone: 925/977-6950 www.hfh-consultants.com Robert D. Hilton, Emeritus John W. Farnkopf, PE Laith B. Ezzet, CMC Richard J. Simonson, CMC Marva M. Sheehan, CPA Robert C. Hilton, CMC To: TECHNICAL MEMORANDUM Robby Contreras, Assistant City Attorney, City of Carlsbad James Wood, Environmental Manager, City of Carlsbad From: Rick Simonson, Senior Vice President, HF&H Geoff Michalczyk, Senior Associate, HF&H Date: March 12, 2021 Subject: Trash-Reduction Stormwater Cost Allocation Study The purpose of this technical memorandum is to summarize the findings of our stormwater cost allocation study for the City of Carlsbad (City). The information is organized in the following sections: 1. Background and Study Objectives-describes the City's stormwater management system, regulatory requirements, and study objectives. 2. Stormwater Program Costs and Cost Allocations -summarizes the average annual budgeted costs, over the next ten years (FY 2021-22 through FY 2029-30) to maintain the City's stormwater facilities and maintain regulatory compliance and identifies trash reduction related costs to be funded through the City's solid waste enterprise. 3. Findings and Recommendations -summarizes the maximum stormwater funding from the solid waste enterprise based on the average annual projected trash-reduction-related costs. All other stormwater-related costs will remain funded through other City departments (e.g., Public Works). 1. BACKGROUND Stormwater, runoff from rain events that flow over land or impervious surfaces without percolating into the ground, is considered a nuisance. Firstly, insufficient drainage infrastructure may lead to flooding during significant storm activity. Secondly, stormwater mobilizes pollutants (e.g., motor oil, trash) from impervious surfaces which drain into local creeks, lagoons, water storage reservoirs and, ultimately, the Pacific Ocean. To mitigate flooding concerns, the City Stormwater TM 12Mar2021_FINAL.docx .............. Mr. Robby Contreras March 12, 2021 Page 2 of 7 Managing Tomorrow's Resources Today operates and maintains a storm drainage system which is comprised of curbs and gutters, catch basins (inlets), pipes, outfalls, culverts, and ditches which divert stormwater to local creeks to prevent flooding. To mitigate pollution concerns, the City has dedicated staff and programs in place to manage the environmental compliance requirements as regulated through a National Pollutant Discharge Elimination System 1 (NPDES) permit. The City's stormwater program performs services that are needed to comply with the NPDES permit requirements in its San Diego Region Municipal Regional Stormwater Permit (Order No. R9-2013-0001, as amended by Order Nos. R9-2015-0001 and R9-2015-0100) (MRP). The regional permit covers 39 municipal, county government, and special district entities located in San Diego County, southern Orange County, and southwestern Riverside County. These requirements focus on controlling stormwater pollution. In addition, the City's stormwater program constructs and operates storm drainage facilities to convey runoff to receiving waters. Funding for the City's stormwater program is currently provided by a combination of the following: 1) revenues from a one-time storm drainage development impact fees (e.g., Storm Water Pollution Prevention Plan Fees and Storm Water Quality Management Plan Fees), which are collected at the time a parcel is developed or amended; 2) the general fund; and, 3) the solid waste fund. Recently, costs incurred to comply with the trash reduction elements of the MRP have increased significantly. Particularly, the purchase and installation of trash capture devices on inlets to reduce the amount of trash that enters the stormwater system. In addition, street sweeping costs have increased. As such, the stormwater program costs funded through the solid waste enterprise may have not kept pace with the increasing costs. The objective of this study was to: 1) Identify all costs incurred by the City to maintain the stormwater system and to comply with the MRP requirements. 2) Identify the direct and indirect costs incurred by, or benefits accruing to, the City's solid waste enterprise. This will provide a cost-based approach by which the solid waste enterprise will reimburse the General Fund for the trash reduction related costs necessary to comply with the MRP. 1 Created in 1972 by the Clean Water Act, the NPDES permit program is authorized by the EPA to allow state governments to perform many permitting, administrative, and enforcement aspects of the program. Stormwater TM 12Mar2021_FINAL.docx Mr. Robby Contreras March 12, 2021 Page 3 of 7 2. STORMWATER PROGRAM COSTS AND COST ALLOCATIONS Operations and Maintenance Costs Managing Tomorrow's Resources Today We met with City staff to identify all activities associated with stormwater drainage and compliance with the NPDES pollution control requirements. We found most of the NPDES regulatory compliance/reporting costs and the costs to clean, maintain, and repair the City's drainage facilities (e.g., inlets, pipes, outfalls}, are captured in the City's budget for the, Watershed Protection Division, within the City's Environmental Management Department, within Public Works. Street sweeping costs are captured in the City's budget for the Transportation Department, within Public Works. Figure 1 summarizes the budgeted FY 2021-22 stormwater-related expenses. The FY 2021-22 budgeted expenses are the basis for the average annual stormwater-related costs, assuming 3% annual inflationary increases in costs. Figure 1. City Budget Programs with Stormwater-related Activities/Expenses City Budget Programs with Stormwater-related FY 2021-22 Average Annual Costs Activities Budget over the next 10 yrs1 NPDES Permit-Related Expenses Trash Program Assessment $20,000 $22,928 Trash Expenses $215,344 $246,867 Street Sweeping $706,188 $809,565 Watershed Protection Staff Time $841,859 $965,097 Annual Reporting Expenses $16,837 $19,302 Participation in Regional Efforts $4,209 $4,825 Total NPDES Permit-Related Expenses $1,804,437 $2,068,585 Membership Dues/Costs APWA Membership $360 $413 CASQA Membership $815 $934 Total Membership Dues/Costs $1,175 $1,347 Public Works & General Fund Related Costs Storm Drain Maintenance Group $944,214 $1,082,436 Watershed Protection Program $1,180,268 $1,353,045 OH -Storm Drain Engineering $69,763 $79,975 OH -CM&I Stormwater lnsp $109,836 $125,915 Total Public Works & General Fund Related Costs $2,304,081 $2,641,371 Total $4,109,693 $4,711,302 1 Average annual cost assumes 3% annual inflation beginning FY 2022-23. To determine the trash-reduction-related expenses to be borne by the solid waste enterprise, we worked with City staff to: first, identify which expense line items within the Environmental Stormwater TM 12Mar2021_F1NAL.docx Mr. Robby Contreras March 12, 2021 Page 4 of 7 Managing Tomorrow's Resources Today Management, Transportation, and other Public Works Departments, included stormwater- related expenses; and second, identify which stormwater-related costs are incurred to prevent trash from entering the stormwater drainage system (e.g., education and outreach, street sweeping, trash capture device cleaning) or remove trash that has entered the system. Figure 2 summarizes the average annual trash-related stormwater O&M costs {$1,347,056), over the next ten-year period (FY 2021-22 through FY 2029-30), including the cost allocation method and rationale if a budget expense line item is not exclusively a trash-related expense. Environmental Department staff activities vary day-to-day and not all staff time within the department is tracked in sufficient detail to carve out "trash-related" activities; however, City staff did identify that 12.8% of Watershed Protection staff time was spent on trash-related activities during the previous fiscal year. Therefore, where we know budgeted costs are not exclusively related to trash-reduction activities (e.g., NPDES reporting, regional meetings), we allocated 12.8% of such costs to be borne by solid waste rate payer. This is an approximation based on our understanding that trash-reduction activities will continue at approximately the same level, on average, through this ten-year planning period. The actual time and expenses spent on trash-reduction reduction activities may be higher or lower than what was experienced during the previous fiscal year. Figure 2. FY 2020-21 Trash-Related Stormwater O&M Expenses City Budget Programs with Stormwater-related Average Annual % Allocated to Solid Waste- Costs over the Related Cost Allocation Method/Rationale Activities next 10yrs1 Solid Waste Stormwater O&M NPDES Permit-Related Expenses (from Figure 1) Trash Program Assessment $22,928 100% $20,000 Directly identified Trash reduction costs Trash Expenses $246,867 100% $215,344 Directly identified Trash reduction costs Street Sweeping $809,565 100% $706,188 Directly identified Trash reduction costs Watershed Protection Staff Time $965,097 12.8% $107,758 Actual proportionate share of staff time tending to Trash-Annual Report $19,302 12.8% $2,155 reduction related NP DES activities in FY 2019-20. Participation in Regional Agency meetings $4,825 12.8% $539 Total NPDES Permit-Related Expenses $2,068,585 $1,051,983 Membership Dues/Costs APWA Membership $413 12.8% $46 Actual proportionate share of staff time tending to Trash- CASQA Membership $934 12.8% $104 reduction related NPDES activities in FY 201S-20. Total Membership Dues/Costs $1,347 $150 Other Environmental Department Costs Storm Drain Maintenance Group $1,082,436 12.8% $120,859 Watershed Protection Program $1,353,045 12.8% $151,074 Actual proportionate share of staff ti me te ndi ng to Trash- OH -Storm Drain Engineering $79,975 12.8% $8,930 reduction related NPDES activities in FY 2019-20. OH -CM&I Stormwater lnsp $125,915 12.8% $14,059 Total Other Environmental Departement Costs $2,641,371 $294,922 Total $4,711,302 I $1,347,056 Ito Figure 4 StormwaterTM 12Mar2021_FINAL.docx Mr. Robby Contreras March 12, 2021 Page 5 of 7 Capital Costs Managing Tomorrow's Resources Today In addition to the annual O&M costs, the City has incurred, and will incur additional, capital costs to maintain the stormwater system and comply with the MRP. Figure 3 summarizes the actual capital costs to purchase and install trash capture devices prior to FY 2020-21 and all storm-water related projected capital expenses over the next ten years (FY 2021-22 through FY 2030-31). Not all of the projected capital costs are related to trash-reduction-related projects; therefore, Figure 3 includes a subtotal of only the trash-related projects. Figure 3. Stormwater Capital Projects (FY 2018-19 through FY 2024-25) FY2026-27 through Stormwater-Related Capital Projects FY 2021-22 FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY2030-31 Agua Hedionda Creek Maintenance $58,000 $80,000 $80,000 $80,000 $0 Buena Vista Creek Concrete Channel Maintenance $3,550,000 $0 $0 $0 $0 Citywide Drainage Improvement Program $2,297,500 $595,000 $265,000 $265,000 $265,000 $1,325,000 Laguna Drive Storm Drain $1,000,000 $1,494,000 $0 $0 $0 Lake Calavera Outlet Improvements $40,000 $0 $0 $0 $0 Park Drive Street and Drainage Improvement $2,100,000 $0 $0 $0 $0 DMP Facility BL-L (College Blvd. Bridge Reimb. Plda "B") $0 $0 $0 $0 $0 $1,816,101 Storm Drain Condition Assessment $0 $200,000 $200,000 $200,000 $200,000 $200,000 Storm Drain System Rehab and Repair Program $200,000 $200,000 $200,000 $0 $0 Total $298,000 $3,550,000 $5,012,500 $2,494,000 $40,000 $2,100,000 $1,816,101 $1,000,000 $600,000 Total Stormwater Projects $9,245,500 $2,569,000 $745,000 $545,000 $465,000 $3,341,101 $16,910,601 Subtotal: Trash-related Stormwater Capital Projects ONLY FY 2021-22 FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 None identified at this time; The City is currently studying and identifying "hotspot" areas that may require trash capture devices in the near future Subtotal: Trash-reduction related Stormwater Projects ONLY $0 $0 $0 $0 $0 $0 Annual Amortization of Trash-reduction-related Stormwater Capital Projects Of the $16,910,601 in stormwater-related capital projects currently included in the City's approved 10-year capital improvement plan, none has been spent, or projected to be spent, on trash-related projects which should be borne by solid waste rate payers. However, City staff is currently studying "hotspots" around the City which may require trash capture devices to eliminate, or significantly reduce, trash loads in the City's receiving waters. These trash capture devices, will aid with satisfying the requirement of Provision C.10 of the MRP, as they will be an integral component in meeting the MRP's trash generation area management requirement of 100% trash load reduction, or no adverse impact to receiving waters from trash, by July 1, 2022. The trash control devices and trash reduction program capital costs have been identified as allowable costs to be borne by the City's solid waste enterprise, as these costs are a direct result of trash generated within the City, by its businesses and residents, and the cost of StormwaterTM 12Mar2021_FINAL.docx Total $0 $0 $0 $0 + l0years $0 Managing Tomorrow's Resources Today Mr. Robby Contreras March 12, 2021 Page 6 of 7 collecting and disposing of trash is the responsibility of those who generate the trash. Once City staff identifies the "hotspots" a comprehensive trash reduction program will be developed, which will include the number, type, and costs for procuring, installing, and maintaining the trash control devices. Since the plan, and subsequent costs have not yet been determined, no stormwater- related capital costs should be borne by the solid waste rate payers at this time. 3. FINDINGS AND RECOMMENDATIONS Figure 4 summarizes the projected average annual trash reduction-related stormwater O&M costs (from Figure 2) and capital costs (from Figure 3) the General Fund/Other Enterprise Funds are projected to incur to reduce trash loads in the City's receive waters, over the next ten fiscal years. To reduce the impact of the significant capital expenditures on the solid waste enterprise, we recommend amortizing the cost of the capital costs over the typical useful life of the trash control devices (10 years) and the current term of the City's franchise agreement with its refuse hauler. Amortizing the reimbursement of the capital costs over ten years will help minimize the initial impact to the solid waste enterprise budget, and ultimately, the City's solid waste rates. Figure 4. Average Annual Trash-Related Stormwater Costs (FY 2021-22 -FY 2029-30) Average Annual Expenses O~erating & Maintenance (O&M} Costs (from Figure 2) NPDES Permit-Related Expenses $1,051,983 Membership Dues/Costs $150 Other Environmental Department Costs $294,922 Total O&M $1,347,056 Capital Costs -FY 2021-22 through FY 2030-31 (from Figure 3) $0 + 10years Amortization of Capital Costs paid by (or to be paid by) General Fund $0 Average Annual Total Trash-Reduction Stormwater Costs $1,347,056 Figure 4 summarizes the recommended O&M and capital reimbursement of $1,347,056, which the solid waste hauler should make to the City to cover the costs of trash reduction . It should be noted, as discussed above, the City is in the processing of developing its plan to procure, install, and maintain trash capture devices to satisfy the requirements of Provision C.10 or the MRP. Once the plan is developed with sound cost projections, the amortized capital costs may be added to the O&M costs shown in Figure 4, which will increase the reimbursement due the City from its solid waste hauler. StormwaterTM 12Mar2021_FINAL.docx Mr. Robby Contreras March 12, 2021 Page 7 of 7 Managing Tomorrow's Resources Today In addition, the revenue received from the franchised hauler should be directly booked, or transferred, to the Solid Waste Enterprise Fund, the General Fund, and/or other City funds/department, proportional to where the stormwater-related expenses have been booked (e.g., funds to cover the cost of street sweeping would be transferred to the Transportation Division, funds to cover the cost of NP DES reporting requirements would be transferred out to the Watershed Protection Division). Stormwater TM 12Mar2021_FINAL.docx