City Council Meeting: May 27, 2008

Agenda Item: 8-B

To:                   Mayor and City Council

From:              Joan Akins, Acting Director - Environmental and Public Works Management

 

Subject:          Resolution Establishing the Duties and Responsibilities of the Citizens Oversight Committee Created by the Measure V Clean Beaches and Ocean Parcel Tax

 

Recommended Action

Staff recommends that the City Council adopt a resolution defining the membership, scope and responsibilities for the Measure V Citizens Oversight Committee, and direct staff to proceed with a process to identify eligible applicants for the Oversight Committee to be considered and appointed by City Council.

 

Executive Summary

The Clean Beaches and Ocean Parcel Tax (Measure V) was passed by 67% of Santa Monica voters in November 2006. Measure V raises revenue to be used solely for the purpose of implementing the City’s Watershed Management Plan. Measure V created a Citizens Oversight Committee for “audit responsibility” over use of Measure V revenues. Measure V specifies that the membership, scope and responsibilities of the Committee shall be determined by the City Council. 

 

At their meeting on September 25, 2007 Council directed staff to return at a later date with a resolution for adoption that would establish an Oversight Committee of between five to seven members to be appointed by Council and would set forth the specific duties, responsibilities and terms for the Committee members. A resolution responding to this Council request is attached. Following adoption of the resolution by Council, staff will proceed expeditiously with a process to receive applications from interested citizens that can then be presented to Council for review and appointment to the Oversight Committee.

 

 

Background

The Clean Beaches and Ocean Parcel Tax (Measure V) was passed by 67% of Santa Monica voters in November 2006 for the purpose of implementing the City’s Watershed Management Plan. The goals of the Watershed Management Plan are 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. Revenues generated by Measure V can be used for necessary capital as well as operations and maintenance costs related to storm drainage systems and multipurpose capital improvement projects that improve the quality of urban runoff, as well as paying for any indebtedness incurred for these purposes. The urban runoff management and pollution prevention activities of the Plan will assist the City in complying with National Pollution Discharge Elimination System (NPDES) permit requirements, meeting the goals of the Clean Water Act and new regulations promulgated by the Regional Water Quality Control Board relating to Total Maximum Daily Loads (TMDLs). Compliance with these regulatory standards over the next several years will require a significantly enhanced effort by the City, with consequences for non-compliance resulting in significant fines.

 

Measure V created a Citizens Oversight Committee for “audit responsibility” over use of Measure V revenues. Measure V specifies that the membership, scope and responsibilities of the Committee shall be determined by the City Council.  Measure V also requires that each year the City’s Chief Financial Officer file a report with the City Council containing: (a) the amount of funds collected and expended; and (b) the status of any project authorized to be funded as identified in the Ordinance.  The first such report will be completed following the creation of the Citizens Oversight Committee and Council authorization of capital projects to be completed using Measure V funds.

 

Progress Since Adoption of Measure V

The following provides an update of actions taken and progress made since the adoption of Measure V by Santa Monica voters in November 2006:

  • The Clean Beaches and Ocean parcel tax was collected as a part of each parcel’s property tax assessment for the first time during FY 2007-08 and generated $2.34 million in revenue.

 

  • On January 10, 2008 the Rent Control Board granted approval for a pass-through of applicable Measure V costs by the owners of rent-controlled properties to tenants.

 

  • Staff has consolidated the Measure V low-income exemption process with the existing Rent Control low-income exemption process to maximize the efficiency and cost-effectiveness for administration of waiver applications, reviews and approvals.  Letters to tenants of rent controlled units regarding the Measure V exemption process are scheduled to be sent out during spring and summer 2008 and letters to the owners of the properties are scheduled to be sent in September 2008.

 

  • Staff has begun working with the City’s consultants to initiate a sale of municipal bonds to provide approximately $25 million in funding to design and construct the highest priority projects indentified in the Watershed Management Plan.  These projects include upgrades of the Pier and Pico-Kenter Storm drains, upgrades to the Santa Monica Urban Runoff Recycling Facility, funding for the Ocean Park Boulevard Green Street Project, funding for additional Beach Greening Projects in the City’s beach parking lots, as well as funding for joint projects with the City of Los Angeles that affect Santa Monica’s watershed.  It is expected that these bonds will be issued in late 2008. 

 

  • Staff has been proceeding with a number of important urban runoff projects and initiatives that are not tied to Measure V as they are funded by both outside grants as well as the City’s long-standing stormwater parcel fee revenues. These recently completed or substantially completed projects include dry-weather capture and sewer diversion systems for the Montana Avenue storm drain and the Wilshire Boulevard storm drain, and the Beach Greening project in the South Beach parking lot. A conceptual design for the Bicknell Green Street project has also been completed as have engineering and feasibility analyses for runoff mitigation improvements to the Pier storm drain and the Pico-Kenter storm drain.

 

  • On April 21, 2008 staff submitted a comprehensive response to the Notice of Violation letter that the Regional Water Quality Control Board transmitted to Santa Monica as well as nearly two-dozen other Southern California cities in March 2008. Santa Monica’s response, that was forwarded to Council under separate cover, clearly identifies the unprecedented level of resource investments both in capital projects and operational improvements related to stormwater pollution control that have been made by the City of Santa Monica over the past several years.

 

 

 

 

Discussion

Citizens Oversight Committee Resolution

The attached resolution establishes a five (5) member Citizens Oversight Committee. The responsibilities of the Committee are solely advisory to the City Council and fall into three categories: 1) review of proposed capital and operating expenditures from Measure V funds; 2) review of actual Measure V capital and operating expenditures; and 3) review of proposed Measure V capital projects to confirm consistency with established water quality improvement goals of the program.  The staff liaison to the Committee shall be designated by the Director of Environmental and Public Works Management.

 

The Committee will set its own meeting schedule, but will be expected to meet at least bi-annually. The Resolution stipulates that each Committee member will be appointed for a two-year term and can be reappointed by Council for additional terms without limitation. The Committee, with the assistance of its staff liaison, will be charged with preparing and submitting an annual report to Council on the responsibilities set forth above.

 

Financial Impacts & Budget Actions

Staffing for the Citizens Oversight Committee will be conducted by existing staff from the Environmental and Public Works Management Department and will not require any additional budgetary allocation.  Supplies and expenses for the Citizens Oversight Committee are expected not to exceed $1000 per year and will be funded annually by revenues generated by the Measure V parcel tax. 

 

Next Steps

Staff plans to return to Council this summer with an updated Measure V capital projects plan based on the most updated regulatory compliance information, project budget cost estimates, and bond financing information.

 

Prepared by:  Dean Kubani, Environmental Programs Manager

 

 

Approved:

 

Forwarded to Council:

 

 

 

 

 

 

Joan Akins

Acting Director, Environmental and Public Works Management

 

P. Lamont Ewell

City Manager

 

 

 

Attachment:   Resolution