August 15, 2024
Mayor Alice Patino
City Council Members
110 E Cook Street
Santa Maria, Ca 93454
RE: Stormwater Basin Policy on “Orphan Basins”
Dear Mayor and City Council Members:
This letter is being provided to the City Council to add additional information to the policy being proposed by city staff. The issue being brought before you tonight should have been more fully detailed with a recommendation that covers both existing “orphan basins” and future basins.
History
This issue of ownership of stormwater was first raised by Dan Blough and other developers in 2020.
After several meetings with city staff and the City Council, the Council provided funding for a study of the existing and future storm water basins in the city.
The city hired one consultant who met with city staff and the development community during 2021.
For whatever reason this consultant did not complete the study. The city went out to bid again in 2022 and hired Wallace Group. Wallace Group again met with the city staff and development community to understand how stormwater basins are constructed, landscaped and maintained, but most importantly provide information on the ownership of these basins.
This 10-page report was provided to the city on October 3, 2023. The report provided information about how other cities deal with stormwater basins, but it did not address the key question about ownership of existing and future stormwater basins.
There is no indication in the record as to how much was spent on the engineering consultants studies.
Over the last year UPC has met several times with staff to try to focus the discussion of ownership issues. Please see the attached memo outlining the issue of Orphan Basins.
Background
The discussion in the Background section of the staff report does not include information about how there are many different types of basins in the city and who owns and operates them.
City Council
Basin Policy
8/16/2024
County Flood Control: The County owns and operate many of the major regional basins and channels throughout the city. These include the A Street Basin, Bradley Basin, the Bradley Channel, and many more.
City of Santa Maria: The city owns and operates many “dual use” basins in the city. These basins include sports fields and recreational amenities used by the community after the rainy season. The city is responsible for the landscaping and maintenance of stormwater water features. These basins have been included in the Landscaping and Lighting Districts and the surrounding landowners in the district pay taxes/assessments for these features. The city has funds accrued to cover the cost of these “dual use” basins. This program has been very successful for the city.
Commercial/Office/Industrial Developments: As noted in the staff report, these private developments are required to provide their own stormwater basins and water quality features. It is important for the City Council to understand that these features are installed, maintained, and owned privately. It should also be noted that all of these developments are required to be part of the city’s Landscaping and Lighting Districts, so they pay the assessments, but the city does not have to maintain these properties.
Multifamily/Apartments/Mobile Home Parks/Gated Communities: As also noted in the staff report, there are many higher density residential projects that have community centers with pools or other features, open space, private roads and stormwater features. The overall maintenance of the project features are either through a homeowners association (HOA) or paid for by the owner of the project with the costs reimbursed through the rent. All of these projects are required to be part of the city’s Landscaping and Lighting District even though the city has no responsibility to maintain these projects. So, these residents pay two fees, the HOA fee and the city assessments.
Single Family Residential projects. Over the past 30 years, the City of Santa Maria has encouraged and approved many Single Family Lot subdivisions. Most of the projects included the regional “dual use” basins that were deeded to the city. The Westgate, Harvest Glen, Bradley, and many other projects were designed with city owned streets, green belts and basins. These neighborhoods do not need to have a Homeowner Association; however, they are part of the City Landscaping and Lighting Districts and are assessed each year for the maintenance for the city owned areas. This has been very successful for these neighborhoods because they are not double assessed.
Future Residential Projects: The trend for most future projects is to have smaller lots, private roads, and gated communities. These features trigger the need for a Homeowner Association to own and maintain the common area and features including basins. The future residents will be paying the two fees: the HOA fees and the city Landscaping and Lighting District assessment fee.
Existing Orphan Basins and Properties: There are six or seven existing basins or green belts that are maintained by the city and used by the neighborhoods but have no ownership. The development companies that created these features no longer exist. Since the city has been actively using and maintaining these properties, the city has taken ownership through “eminent domain” .
City Council
Basin Policy
8/16/2024
RECOMMENDATION
1. Direct city staff to correct the ownership issues for six to seven existing properties that staff uncovered that have no existing ownership, but the city has taken on through eminent domain. The city staff would go through the quitclaim process and record deeds to officially place them in the city ownership. And
2. Direct staff to work with the development community to provide a “Dual Use” Basin policy and related Subdivision Ordinance amendments as follows:
The city shall not accept ownership, nor accept maintenance of any stormwater basin required as a condition of approval for any development project.
An exception to the policy may be made on a case-by-case basis provided the basin serves a public “dual use” benefit, such as a regional recreation space for use by the general public (i.e. sports field), whose design, configuration, size, and public access meets the requirements of the Recreation and Parks Department.
This exception may only be made provided the basin meets the following criteria:
1. The basin is designed and constructed to does not serve as a stormwater control measure requiring ongoing or perpetual maintenance as identified in a Stormwater Control Plan and is not subject to the post-construction requirements of the Regional Water Quality Control Board (“RWQCB”).
2. The basin is not subject to any other permit from the RWQCB or other regulatory authority.
3. 1. There is a funding mechanism in place to pay for the maintenance and operation of the basin, such as being part of the Landscape Maintenance District, Special Benefit Zone and or other approved funding mechanisms.
Please feel free to contact me if you have any questions on this matter.
Sincerely,
Laurie Tamura, AICP
Principal Planner