1 STAFF REPORT
DATE: February 11, 2025
TO: Justin Hess, City Manager
FROM: Ken Berkman, Public Works Director
VIA: Stephen Walker, Assistant Public Works Director – Wastewater Systems BY: Kenneth Kozovich, Senior Civil Engineer
SUBJECT: Adoption of a Resolution Approving a Transfer Agreement with the Los Angeles County Flood Control District for the Safe, Clean Water P rogram – Municipal Program
RECOMMENDATION
Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING TRANSFER AGREEMENT NO. 2024MP12, BETWEEN THE LOS ANGELES COUNTY
FLOOD CONTROL DISTRICT (LACFCD) AND THE CITY OF BURBANK FOR THE SAFE, CLEAN WATER (SCW) PROGRAM – MUNICIPAL PROGRAM (Attachment 1).
BACKGROUND
On November 6, 2018, voters in Los Angeles County (County) approved Measure W, the SCW Program, which is a special parcel tax intended to improve storm water quality , increase local water supply, and provide quality of life improvements for communities in the region. The fees are calculated based on the amount of impermeable area (such as buildings and paved driveways/patios) on each property, and fees have been collected on annual tax bills since 2019-20 (for distribution to agencies since Fiscal Year 2020-21).
Following the tax collection, SCW Program revenues are allocated as follows:
• 50% to the nine Watershed Area Steering Committees (WASCs) to fund regional watershed-based, multi-benefit projects to be implemented by project developers, and to provide technical resources and conduct scientific studies • 40% to Municipal Programs within Los Angeles County
PUBLIC
WORKS
2 • 10% to LACFCD (for administration and projects/programs implemented by the County).
DISCUSSION
Under the Municipal Program, cities are required to enter into a fund transfer agreement with the LACFCD (Attachment 2) prior to funds being disbursed on an annual basis to each municipality in proportion to the tax collected in their jurisdiction. Burbank’s share of the funding under the Municipal Program is approximately $1,500,000 per year. The funds received can be used for eligible activities relating to increasing Stormwater/Urban Runoff capture or reducing Stormwater /Urban Runoff pollution, such as local project development, implementation and administration, operations and maintenance, and special studies. It is noted that the initial agreement applied to Fiscal Year (FY) 2020- 21 through FY 2023-24, and the updated agreement will apply to FY 2024- 25 through FY 2027-28. I t is similarly anticipated that future fund transfer agreements under the Municipal Program will need to be renewed every three to five years.
Funding from the SCW Program will help the City meet National Pollutant Discharge Elimination System (NPDES) Permit requirements for stormwater, including Low Impact Development and the Green Streets programs (also known as Green Infrastructure). The City continues to implement these measures and requires developers to incorporate them into applicable privately funded projects to protect water quality . A list of previous and current stormwater infiltration projects in the City is included (Attachment 3).
After the City executes the updated transfer agreement and submits an Annual Plan of eligible expenditures under the program , funds will be released by the LACFCD. The transfer agreement requires cities to comply with all requirements of the SCW Program, as specified in LACFCD Code. The transfer agreement further outlines program implementation requirements, general administrative and reporting requirements, and includes an indemnity provision of LACFCD and Los Angeles County.
ENVIRONMENTAL REVIEW
Approval of the fund transfer agreement is exempt under the California Environmental Quality Act (CEQA) Section s 21065 and 15378(b)(4). The action will allow the City to receive Safe, Clean Water program funding from the Los Angeles County Flood Control District and it is not classified as a project subject to CEQA; furthermore, it is not a commitment to any specific project which may result in a potentially significant physical impact on the environment.
FISCAL IMPACT
Execution of the fund transfer agreement is one of the final steps for the City to receive its FY 2024-25 funding allotment in Spring 2025, which is estimated to be approximately $1,500,000 per year. This funding is intended to continue for 30 years. 3 CONCLUSION
Staff respectfully recommends that Council approve the subject transfer agreement with the LACFCD for the SCW Program – Municipal Program.
ATTACHMENTS
Attachment 1 – Resolution
Attachment 2 – Transfer Agreement Between the Los Angeles County Flood Control District and Burbank
Attachment 3 – Storm Water Infiltration Projects