HomeMy WebLinkAboutAgenda Packet 05/30/2002 UTILITY ADVISORY COMIVlITTEE
SPECIAL MEETING
PUBLIm WDRK5 I~-ONFERENGE ROOM
POET ANGELESy WA gB362
MAY 30, ~002
~:00 ~.~.
AGENDA
I. P-ALL TO ORDER
mi. ROLL P. ALL
III. APPROVAL OF MINUTES FOR MaY 14y 2002
IV. DiS~:USSiON ITEMS
A, STO EMWATER UTILITY
V. NEXt MeEtING DATE - JUNE ] ], 2002
VI. AD-iOUENMENT
UTILITY ADVISORY COMMITTEE
Port Angeles, Washington
May 14, 2002
Call to Order:
Chairman Bentley called the meeting to order at 3:00 p.m.
IL Roll Call:
Members Present: Chairman Bentley, Councilmember Rogers, Councilman Campbell,
Members Absent: Councilmember Erickson, Dean Reed
Staff Present: Mike Quinn (3:35), Craig Knutson, Glenn Cutler, Tanya O'Neill (4:08),
Brad Collins (4:45), Scott Johns (4:48), Scott McLain, Gary Kenworthy,
Larry Dunbar, Scott Kenyon, Gary Richmond, Cate Rinehart
Others Present: Brian Gawley - Peninsula Daily News
Richard Li - Metropolitan Communications Consultants
Pete Grigorieff- Northland Cable
Mike Sturgeon - Northland Cable
Kent Johnson - Clallam PUD
Steve Pazan - PA School District
Mary Wilgocki - Clallam County
Paul Carter - North Olympic Library System
Maureen Lindh - North Olympic Library System
III. Approval of Minutes:
Chairman Bentley asked if there were any additions or corrections to the meeting minutes of April
9, 2002. None were given. Councilman Campbell moved to approve the minutes.
Councilmember Rogers seconded the motion, which carried unanimously.
IV. Discussion Items:
A. Septage Acceptance Plant and Makah Lagoon Sludge Summary
Glenn Cutler, Director of Public Works and Utilities, reported the recent Septage Acceptance Plant
demonstration had successfully treated 66,000 gallons of septage and processed 200,000 gallons of
lagoon sludge from the Makah reservation. Neither had an adverse affect to the treatment process.
There was a brief discussion.
No action taken. Information only.
B. Proposed Cable Television Franchise Ordinance
UTILITY ADVISORY COMMITTEE
May 14, 2002
Larry Dunbar, Power Resources Manager, gave a brief background indicating an agreement had been
reached. The 15 year franchise acknowledges subscriber needs, community needs, broadband and
economic development and other terms and conditions such as compensation, legal and administrative.
Mr. Dunbar discussed the need to make a decision soon on a small segment of fiber to provide an
additional 12 dark fibers in the I-Net backbone from 16th and "C" Streets to 16th and 'T' Streets. A
discussion followed.
Councilmember Rogers moved to recommend City Council approve the proposed cable television
franchise ordinance with Northland Cable Television, the Institutional Network fiber option
recommendation as identified by the expense of $2,824.80, and cancel the fiber optic pilot project.
Councilman Campbell seconded the motion, which carried unanimously.
C. Institutional Network Activation and Site Drops Alternatives
Larry Dunbar, Power Resources Manager, indicated several alternatives for activation of the Institutional
Network dark fiber backbone and construction of site drops and potential users. Approval of the plans
and specifications is anticipated within 90 days of Council approval of the fi-anchise agreement.
Construction will be completed within 18 months of Council approval of plans and specs. There was a
short discussion with questions regarding fast track construction.
No action taken. Information only.
D. Standardizing After Hour Connect/Reconnect Fees
Scott Kenyon, Finance Customer Service Representative, explained the City has different rates for after
business hour utility connects and reconnects depending on the department responding to the call.
Charges vary from $50 to $115 with an average connect request of one per month. A brief discussion
followed with concerns regarding a reasonable cost, low income and seniors, and cold months. Mr.
Kenyon reviewed policies concerning those items.
Councilmember Rogers moved to recommend City Council approve an ordinance standardizing
after hours connect/reconnect fees to $115. Councilman Campbell seconded the motion, which
carried unanimously.
E. Contribution to Electric Utility Rural Economic Development Revolving Fund for 2002
Scott McLaln, Deputy Director of Power Systems, explained that $50,000 is budgeted in 2002 for the
Light Fund for economic development activities in the City. The City can receive a $25,000 credit on
excise taxes owed to the State by contributing through the Electric Utility Rural Economic Development
Revolving Fund. There was abriefdiscussion.
Councilmember Rogers moved to recommend City Council authorize transfer of $50,000 from the
Electric Fund to the Electric Utility Rural Economic Development Revolving Fund. Councilman
Campbell seconded the motion, which carried unanimously.
UTILITY ADVISORY COMMITTEE
May 14, 2002
F. Rayonier Leachate Report
No action taken. Information only - graph.
G. Implementation of a Stormwater Utility
Glenn Cutler, Director of Public Works and Utilities, emphasized that a series of public meetings had
been held to disseminate information concerning the need for a new stormwater utility, recent
regulations, benefits, cost implications, and highlights of the proposed ordinance. A summary of
comments was included. Meetings were announced through the Daily News, KONP radio, the cable TV
outlet and a direct mailing. Mr. Cutler indicated the largest implementation challenge would be the
billing process which could either be to bill the fees with water services or to bill property owners. If the
later were chosen collection would not be available until January 2003 due to software problems. A
lengthy discussion followed. Major items of interest were that people don't fully understand the
problem, the $6 to $8 cost appears vague, the purpose is not clear (benefits to the City is a selling issue),
education is needed to explain the impacts of doing nothing and the possible penalties, and the word
"utility" suggests another form of red tape.
Councilman Campbell moved to recommend Staff set a date for a special meeting to specifically
discuss the Stormwater issue. Councilmember Rogers seconded the motion, which carried
unanimously. Councilmember Rogers requested another member of Council be asked to attend
due to the fact the Councilmember Erickson was on extended leave. Councilman Williams was
noted as the alternate.
V. Late Items: None
VII. Next Meeting:
The next regular meeting will be June 11, 2002. At 3:00 p.m.
VIII. Adjournment:
The meeting adjourned at 5:50 p.m.
Allen Bentley, Chairman Cate Rinehart, Administrative
Assistant
5/16/02
N 5PWKS~LIGHTXCONS\CATE\may 14meet.wpd
3
pORT
WASHINGTON, U.S.A.
UTILITY ADVISORY COMMITTEE MEMO
DATE: May 30, 2002
TO: UTILITY ADVISORY COMMITTEE
FROM: Glenn A. Cutler, Director of Public Works and Utilities
RE: Implementation of Stormwater Utility
Summary: One of our major goals, as directed by City Council is the implementation of a
Stormwater Utility. At the May 14, 2002 UAC meeting it was decided to discuss the issues at a
special meeting to permit more in-depth discussion. It was also requested that additional
information be provided to assist in the decision making process.
Recommendation: Discuss the issues raised during the public meeting process and direct
staff to incorporate recommendations into the a pre-final ordinance and return to the UAC
for further discussion.
Background/Analysis: A lengthy discussion was held at the May 14, 2002 Utility Advisory
Committee concerning the Stormwater Utility implementation. It was decided to hold a special
meeting to discuss the issues in detail and have staffprovide additional information. Specifically
requested was information on the efforts associated with stormwater, consequences of not
implementing additional stormwater measures, County and City cooperation model, penalties,
funding alternatives, potential name changes, what other jurisdiction are implementing, and
impacts on development.
It is recommended that this memo, in conjunction with the UAC memo of May 14, 2002, be used
as the basis for addressing the various issues of implementing a Stormwater Utility.
Minimum Efforts for Starting the Stormwater Utility
Maintain and update the City's stormwater systems to prevent flooding, storm damage, and
improve the water quality of our wetlands, streams, estuaries, Harbor, and Strait of Juan de Fuca.
Types of activities to be performed include: cleaning and removing pollutants from the storm
systems, cleaning the streets to reduce pollution from entering the waterways, public education
on stormwater, laboratory testing, replacement of worn out storm systems, retrofitting existing
storm systems to include pollution removal facilities, maintaining mapping and inventories of the
system, and inspecting private and public systems for compliance.
Also, cleaning open ditches and detention facilities, pump catch basins, jet storm lines, storm
patrol & trash rack cleaning, line repair and replacement, and rack installation and repairs.
N:~ROJECTS~. 1-12STRMSXStormwater_Consequences,~vpd
A listing of proposed capital facilities projects is provided in the public briefing material for
reference.
Impact if not implemented/Consequences
Minimal efforts to reduce flooding events
Bluff erosion continues in areas with discharge points
Creek erosion continues
Roadway and utility undermining continues
Missed opportunities for loans and grants
Limited public education
Sediments and pollutants will continue to enter streams, wetlands, estuaries, and marine waters.
Combined sewer overflows continue; discharge of untreated sewage into Port Angeles Harbor
and the Strait of Juan de Fuca.
Solid waste, streets and sewer utility will continue to carry the burden of stormwater efforts
Funding shortfalls for street and sidewalk work will continue
Risk of not eliminating CSO's by 2015
Expand on the Collins Model for City/County effort
See attached Director of Community Development memo dated May 23, 2002
Penalties
Potential criminal penalties for federal and state violations: ESA and Clean Water Act (NPDES
Phase 1/)
* Prosecution with jail and financial penalties: up to $25,000 per day and one year
Potential civil Penalties for Federal and State Violations: ESA and Clean Water Act (NPDES
Phase 1I)
* Financial penalties: up to $25,000 per day per event
Law suits by private parties
Funding Alternatives
Place greater burden on sanitary sewer fees
Combine sanitary and stormwater into one utility: May not be equitable
Increase contribution from general fund via property tax
Reduce budget and fees from proposed
Reduce fees and leave other current funding levels in place
Impose stormwater development fees and increase connection fee
Name Change
Sewer/Stormwater Utility
Sewer Service
Surface Water Utility
Sewer/Surface Water Utility
Impacts on Development
Potential exists to encourage development by:
Cost sharing in the stormwater portion of projects
Construction of regional stormwater detention and treatment facilities
Construction of CSO separation facilities
Construction of regional stormwater systems and extensions
Development limited by:
Cost of required stormwater improvements
Existing flooding in some areas
Lack of area for stormwater treatment and detention facilities
Lack of separated sewer and stormwater facilities
Lack of nearby or adequate stormwater facilities
What are other Agencies, similar to Port Angeles, doing?
To be provided at UAC meeting
Attachments: Stormwater Implementation UAC Memo, dated May 14, 2002
City-County Stormwater Management Policy UAC Memo, dated May 23,2002
WASHINGTON, U.S.A.
UTILITY ADVISORY COMMITTEE MEMO
Date: May 14, 2002
To: UTILITY ADVISORY COMMITTEE
FROM: Glenn A. Cutler, Director of Public Works and Utilities
RE: Implementation of a Stormwater Utility
Summary: One of our major goals, as directed by City Council is the implementation of a
Stormwater Utility. A public outreach effort was conducted in late April and comments solicited,
from the public. It is necessary to discuss the issues raised during the public meeting process and
tirect staff to finalize the ordinance.
/ecommendation: Discuss the issues raised during the public meeting process and direct
staff to incorporate recommendations into the final ordinance and return to the UAC for
'urther discussion.
Background/Analysis: City Council established the implementation of a stormwater utility as a
goal for the summer of 2002. The utility is needed to address 1)the correction of long standing
stormwater problems, 2) establishing equitable charges, 3) ensuring funds are available to
leverage and pursue loans and grants, 4) encouraging development and sharing in costly
improvements and 5) meeting required compliance actions associated with the Clean Water Act
(National Pollutant Discharge Elimination System-NPDES Phase 11 Stormwater Permitting),
Stormwater Management Manual for Western Washington and the Endangered Species Act
(ESA) requirements. The Utility Advisory Committee at their February 12, 2002 meeting was
presented with a draft code, a copy of the June 5, 2001 City Council meeting minutes directing
the Public Works & Utilities Director to proceed with the development of a Stormwater Utility
with emphasis on public education and a copy of the presentation given to City Council on June
5, 2001.
A series of public meetings was held to disseminate information concerning the need for a new
stormwater utility, recent regulations, benefits, cost implications, highlights of the proposed
ordinance and obtain feedback to help shape a recommendation to the UAC and City Council.
Meetings were announced in the media (Peninsula Daily News - paid advertisement and articles,
KONP - public service announcements and Peninsula Network News - cable TV outlet and
Channel 21). A direct mailing campaign was also employed to announce the meetings to
business, organization and property owners, see attached listing.
Presentations, attached, were given to the Chamber of Commerce (approximately 70 attendees)
on April 22 at their lunch meeting, the Port Angeles Business Association (approximately 30
attendees) on April 23 at their breakfast meeting, and business (approximately 19 attendees) and
residential (approximately 24 attendees) property owners on April 25 and 30 at 3pm and 7pm at
City Hall. A copy of the draft ordinance, attached, was distributed along with material from the
Department of Ecology on Urban Stormwater, see attached flyer.
The presentation is on the City website for individuals to review. Comments are still desired. A
summary of the comments/issues is attached with responses/pros and cons to facilitate
discussion.
The largest implementation challenge facing staffis the billing process. There are two options
associated with billing for the utility. One is to bill the fees with water services and the other is
to bill property owners and let them determine how to recover costs from their tenants if they
don't occupy the facility or structure. Staff and businesses are leaning towards billing to the
property owner. Selection of this option will necessitate delaying the collection until on or about
January 1, 2003 because the City's existing financial sottware does not support billing by parcel
numbers. Options continue to be explored for billings. The new HTE system is parcel based.
Further research and discussion is necessary.
It is recommended that the UAC discuss the issues and provide direction to the staff to permit
finalization of the ordinance.
Comments/Issues on Stormwater Utility Implementation
Issue/Concern Recommendation
Why should the City be exempt from paying the Utility Fee? * Exempt City
Pro: facilities
· If the City pays the fee it will have to be passed to tax payers and utility
customers
· City is exempt for cable TV service in the franchise
Con:
· City facilities contribute to the stormwater runoff
· City pays water, sewer and electrical utility fees
Port Angeles School District should not pay utility fee. * Do not exempt
Pro: the schools
· Schools are in a budget difficulty
· Treat schools similar to City facilities at least within City limits
Con:
· If schools are exempt others will want to be exempted
· Schools generate revenue from taxpayers outside of the City as well as
inside
· School facilities contribute to stormwater issues
Should the Assessment be a fee and not a tax? * Assessment
Dro: should be a fee
· Non-tax paying facilities will contribute. Their facilities contribute to
the stormwater issues.
· County has a system in place to collect based upon property ownership
Con:
· County would collect tax and charge a fee
Billings should be based upon property ownership and not to the tenant Bill fees to the
Pro: property owner
* Improvements on the property contribute to stormwater problems not
the function in the building
* Multiple tenants with shared facilities such as parking pose a significant
challenge to determine the allocation of impervious surfaces
*Tenants come and go without being regulated by the City but property
owners much register with the County
Con:
* Residents desire to have one utility statement
* City does not have a billing system based upon parcel numbers
* Some properties have no current utilities
Businesses will It is acknowledged that the fee is an increase for costs of doing
consider relocating business in the City. Capital facility projects may in part offset costs
outside of the City for property and business owners when stormwater improvements are
due to ever increasing required. Past practices established by rules and regulations have
costs of doing caused significant impacts on the quality of urban stormwater runoff.
business in the City City utility services are less expensive then those in rural areas with
improved public safety services.
What is the County It is unknown what action the County is proposing to take in response
gong to do on the to ESA and Stormwater Manual. The Port Angeles UGA maybe
issue? subject to a NPDES Phase II permit. Other areas of the County are
not subject to the NPDES Phase II permit. A letter is being drafted
to be sent to Clallam County requesting they advise of their
intentions.
How do properties in There is no provision to extend the City's jurisdiction through this
the County that ordinance outside the City limits. It would be beneficial to pursue
impact the City's such an interlocal agreement to incorporate the direct impact of
stormwater problem County stormwater, at least in the UGA. More dialogue with the
contribute to the County is needed.
utility?
Minimum fee should It was noted that units will be rounded down to the nearest whole
be one equivalent equivalent service unit. In some cases impervious surfaces could be
service unit under one unit and therefore not be assessed. It is proposed to
identify that the one equivalent service unit is the minimum unless the
lot is undeveloped.
Individuals on fixed Senior and low income discounts would apply at the same rate as
income such as other utilities. Currently discounts apply to senior with low incomes
Senior and Disabled and disabled with low incomes. Discounts range from 5 % to 30%.
Low Income Discount
residents are faced
with cost of living
increases which lag
rising costs.
Regional facilities Agree. Regional facilities should be constructed when necessary to
should be constructed mitigate development when economical and appropriate. It is part of
to reduce impact on the Stormwater Utility's work plan to resolve issues such as this.
small lots
City has caused The City has complied with stormwater requirements in the past and
problems with prior will comply with future requirements at the appropriate level of
decisions on compliance. It is difficult to speak to past practices of why facilities
development and lack were constructed and the logic behind various decisions. The best
of enforcement, possible decisions are made based upon the current facts and the
specific situation.
If County passes a It is not known how the County plans on handling ESA and the
utility will City Stormwater Manual requirements. The County has various funding
property owners have options available. If the County imposes a tax on property it is
to pay. possible that a portion of the tax will be marked for stormwater
issues. Coordination Of our assessments and services will be
important.
Can existing urban Yes. One of the early tasks the Stormwater Manager would
services standards and undertake would be the review of existing regulations to make them
guidelines and other more stormwater user friendly. Areas to be considered: alternatives
regulations be to imperious parking lot surfaces, diverting stormwater from
modified to reduce impervious surfaces to locations other than storm drains, etc.
imperious surface
requirements?
What other Another early task of the Stormwater Manager will be to review
alternatives for measures that would identify property owner stormwater mitigation
reducing my actions (such as rain barrels, detention facilities, etc.) that might lead
stormwater to reduced fees.
assessment do I have
outside of changes to
imperious surface
requirements?
Will the fee be Yes. It is planned to conduct a rate review every three years to ensure
reduced when capital that expenses and revenues do not get out of balance. In other words
projects are no longer when expenses decrease then rates will decrease and when expenses
required? increase then rates will increase. It is envisioned that the capital
facilities requirements may be reduced in future years.
What happens to Currently materials removed from the City catch basins are disposed
catch basin waste of at the Landfill. Prior to closing of the landfill in 2006 alternatives
after the landfill for disposal of catch basins wastes will have to be determined.
closes?
When will the City The original time line recommended that the creation ofa stormwater
make effective utility be formed this summer with collection of fees to commence
collection of the once a billing mechanism has been established. If there is a billing
stormwater fee? gap, we may need to alter the implementation date or set a flat fee for
a defined period of time.
State computer This issue is being referred to the DOE for a response.
modeling method is
not fully developed,
has several bugs and
inaccurately models
the rainfall data for
Sequim-Port
Townsend rain
shadow.
April 17, 2002
To the Port Angeles Community:
The City of Port Angeles will be considering the implementation ofa Stormwater Utility this
Summer. A Stormwater Utility is being proposed to address flooding and bluff erosion problems,
public education responsibilities, implementation of the Washington State Stormwater Regulations,
protection of endangered species and to protect the water quality in our streams and harbor. A
number of public meetings have been scheduled to explain the rationale, benefits and financial
impacts associated with a Stormwater Utility. As a utility, there will be a monthly charge assessed
with these services and improvements, currently contemplated at $6 to $8 per month for residential
and an increased charge for commercial property based on impervious area. Port Angeles property
owners, businesses and residents are strongly encouraged to attend one of the following meetings to
be held at the Port Angeles City Hall.
Meeting Date and Time Focus Group
Thursday April 25 7 PM Business Property
Thursday April 25 3 PM Residential Property
Tuesday April 30 3 PM Business Property
Tuesday ! April 30 7 PM Residential Property
The presentation will be conducted by Glenn Cutler, Director of Public Works and Utilities and Gary
Kenworthy, City Engineer and will last approximately 90 minutes with ample time for questions and
answers. The presentations will be the same for all sessions. Times are being designated for two
separate groups, business properties and residential properties. This will enable those with similar
concerns to be in a setting that will provide the best opportunity to obtain information. If you are unable
to come to your specific focus group you may attend any of the alternative meetings.
These meetings are designed to be interactive. Questions are essential in our efforts to implement a
Stormwater Utility. Your comments and opinions are important and will help formulate a proposal
recommendation that goes to City Council for final consideration.
All concerned citizens, property owners and businesses are invited. Please take time out of your busy
schedule lo learn about and help shape a Stormwater Utility for Port Angeles.
Sincerely,
Michael Quinn
City Manager
N:\GLENNXStormwaterzlnvite_Ltr.wlxt Revised: April l l, 2002
Olympic Memorial Hospital
Port Angeles School District
Safeway
Albertson's
K-Ply
Daishowa America
Olympic National Park
US Coast Guard Air Station
Port of Port Angeles
North Olympic Peninsula Builders'
Association
Red Lion Hotel (West Coast Hotel)
Chamber of Commerce
Port Angeles Downtown Business
Association
Port Angeles Business Association
Hartnagel's
Angeles Millwork
Ruddell Auto Mall
Port Angeles Ford Lincoln Mercury
Reid & Johnson Motors
Murray Motors Used Cars
Owner's of Plaza Shopping Center
Owner's of Rite Aid/Goodwill
Shopping Center
Real Estate Agents Association
Housing Authority
Others as recommended by Staff ?
April 2002
City of Port Angeles ·
Implementation of a
Storrnwater Utility
April 2002
P?esentati:on~.
· Why a Stormwater Utility
· Recent Regulations and
Requirements
· Benefits of a Stormwater Utility
· Cost Implications
· Creating a City Stormwater Utility
April 2002
Why a Stormwater Utility?
· Correct Long Standing Stoxmwater
Problems
· Correct Inequitable Charges
· Compromised Loan/Grant Opportunities
· Economic Development
· Unfunded Regulatory Mandates
Long Standing Problems
· BluffAreas: Landslides
· Flooding
- Rose/Thistle/Canyon Edge
- Porter/Grant
- C St Extension
- Vicinity of 10th & N Streets
- Lincoln Park/Big Boy Pond
· Creeks: Landslides and Flooding
· Combined Sewer Overflows
2
April 2002
Valley Creek and 7th Street
Mill Creek at~Ahlvers~,P~6ad''~:
April 2002
15/16 Alley btwn "A" & "B" Streets
Porter Street and Grant Avenue
4
April 2002
North of Grant Avenue
& West of Porter Street
West Fourth Street&?'N~'Street
5
April 2002
Existing Inadequate Stormwater
Program
· Financed by
- Wastewater Revenues
- General Fund
- Solid Waste Revenues
Compromised Loan/Grant
Opportunities
· Public Works Trust Funds
· Cleanwater Centennial Grants
· Salmon Recovery Programs
6
April 2002
Community and Economic
Development
· No Moratorium on Development
· Encourage Development
· Attack in an Orderly Fashion
· Improve Land Values
· Share in Costly Improvements
Unfunded Regulatory Mandates-~,
· Clean WaterAct:
National Pollutant Discharge Elimination System
0NIPDES) Phase II Stormwater Permitting
- E.P.A. - permit by March 2003
· Strum Water Management Manual for Western
Washington - 2001 (Department of Ecology)
· Endangered Species Act (ESA)
- NMFS, USF~S - effective January 2001 .~..
7
April 2002
Requirements of
Recent St0rmwater Regulations
(Summary)
· Expand erosion and sediment control CESC) program
· Establish water qualit3, guidelines/requirements for new and
redevelopment
· Provide formal documenta6on of City activities
· Expand fac/lity inspec6on/condifion assessment program
· Formalize training program for City personnel
· Implement public education and involvement program
Forming a SW Utility Addresses
Organization and Funding Needs
· Focal point for responsibility in addressing
complex stormwater management issues
· A stable and known (quantity) revenue source to
fund capital and operational activities
· Greater flexibility for equitably assessing charges
that are proportional to the impact on
environment and/or benefits received
· Increase City and public awareness of storrnwater
related activities and management requirements
8
April 2002
Highlights of
Proposed Ordinance
· Enterprise Fund
· Adopts:
- Storm Water Management Plan (1996)
- Urban Services Standards & Guidelines (1995)
- WA Storm Water Management Manual for Western
Washington (2001)
· $6- 8 per month
- Single & Duplex residential Property
- Commercial/multiple Property 1 unit = 4,000 sqfl of
impervious service
Highloh_,~,, ta of
Propo.sed~Ordnane
(continued)
· Exemptions
- City, State, and Private Streets that meet City standards
- Properties with NPDES permits
· Rate Reductions - up to 50%
- Private storm water retention syslems
· Billed as a Utility
· Discounts for seniors and low income
9
April 2002
Examples of Assessment Charges
Total Impervious
Location Area Area ESUs $6/month
S.F. S.F. & %
Local School 317,708 127,969 40% 31 $186
Multi-Family 52,030 37,803 73% 9 $54
(6th & Laurel)
Grocery Store 194,404 184,535 95% 46 $276
(Lincoln Street)
Warehouse 66,471 43,932 66% 10 $60
(Valley Street)
Duplex Unit 14,000 4,800 34% I $6
Single Unit 9,000 2,900 32% I $6
10
April 2002
Multi-Family - 6th & Laurel
Grocery Store - Lincoln Street
11
April 2002
Warehouse - Valley Street
Stormwater Program Expenses
Current Additional Total
Annual O&M $250K $350K $600K
Capital Program $50K $250K $30_..0~:~
Total Annual $300K $600K
Program
12
April 2002
Rate StruCture Development and
Billing Features
· Equitable
· Practical
· Acceptable
· Implementable
· Revenue sufficiency
Potential Revenue frOm
Stormwater 'Flat Rate' Charge
· 9,600 Equivalent Service Unit Accounts
· $6 - 8 per month per unit
· Annual Revenue: $690,000 - $922,000
· Expenses $900,000
13
April 2002
Capital Projects
· Catch Basin ImproYements (yearly) $50K
· Crown Park Overflow $100K
· Lincoln St. Storm Drain Rehab $100K
· Bluff Stabilization $450K
· ] 0th and N Regional Retention $300K
· Lincoln Street Stormwater Drain $500K
· Albert St Stormwater $250K
· Combined Sewer Overflows $1+M
· Lincoln Park FlOoding $250K
· City Wide End of Street Discharges $1.25M
Comparison with Typical Single Family
Monthly Charge
8.00
4.00
0.00
14
April 2002
Things to Remember
· Correct Long Standing Stomiwater
Problems
· Compromised Loan/Grant Opportunities
· Economic Development
· Unfunded Regulatory Mandates
What Next?:
· Public Outreach
· Comments on Formation of Stormwater
Utility/Proposed Ordinance
· UAC Discussions ..................... May 14
· Effective ................. Summer/Fall 2002
15
April 2002
Presentations at City Hall
Meeting Date and Time Focus Group
Thursday April 25 7 PM Business Property
Thursday April 25 3 PM Residential Property
Tuesday April 30 3 PM Business Property
Fuesday April 30 7 PM Residential Property
Points of Contact
· Glenn Cutler, Director Public Works & Utilities
417-4800 or pubwotks_~,ci, port-an_~oeles, wa. us
· Gary Kenworthy, City Engineer 417-4803 or
gkenworthy~,ci.j~ort-an~eles, wa, us
· v,m~'w, ci. port-angeles, wa. us
Click on "Storrnwater"
16
Focus
'"'"'"'" Urban Stormwater
£C0~0G¥
What is Urban Slormwaler?
Stormwaer is the wat~ that runs offsurfaces such as rooftops, paved sneers, highw'ays, and
parking lots. ]t can ~lso come dom hard, grassy surfaces including lawns, play fields, as well
as graveled roads and parking lots.
Why Js Urban Slormw~ler4a Pr.o. blem in Washington?
Urban slormwalc~ is a p~oblem because it is often polluted and can harm human hcallh,
flrffikihg wmer, and fish habitat. Untreated ~tormwatcr contains toxic metals, organic
compounds, and bBcterial a~d viral pathogens. It is not safe for people to drink, and is not
recommended for swimming, in some areas of Washington; gravelly soils allow rapid
in,libation ofsmrmwater. Untreated smrmwatet discharging to the ground could
con~aminme aquifers that me used fm drinking water. Virtually all of our urban creeks,"
suearns, and river~ are banned by urban slormwale~ runoff. Stormwate~ is ',he leading
conuJbmm m wam~ qualify pollmion of urban wa~er~vays. Urban development causes
· significanl changes in p~uems of stormwatc~ runoff- leading 1o increased flooding during
lhe wet season and decreased stream flows during thc dry season.
Currenl Programs lo Control Pollution'from Slormwaler
In 1987, Congress changed lhe fedexal Clean Water Act by declaring the discharge of
smrmwater (~'adifionally considered a nonPoinl ~ource) from certain industries
municipa]ilies to be a poim source of pollutlon ~¢quirlng National Pollulant Discharge
Elimination System 0',!PDES).pcrm/ts or water quality discharge permits. Washington Suite
is delegated authority by thc U S~ Environmental Protecli6n Agency (EPA)'to implement the
wate~ q~alilT permit program. ' - '
' Thc EP,A stormwater regulations establish t~.o phases for thc storrnwat~r permit Program_
Undo: Phase l, the Department of Ecology (Ecology] has issued stormwater I'q"PDES Gel~eral
Permits to cover stormwatcr discharges from cerlain industries nad construction sites
involving five ormme a~:res, and municipalities with a population ofmore than 100,000.
There ate approximately 1,400 facilities covered ~nder the Industrial General Pencil. The
number of construction silos under the Construction General Permit varies seasonally, from
about 350 to nearly ?00 sites. The cities of Seanle and Tacoma, and Clark, King, Pierce, and
Snohomish counties a~e eo'~e~ed under the Phase I Mm31cipal General Stormwat~t Permit.
The Washington Department of Ttanspomtion is also cove~ed within those jurisdiction,
except fo~ Clark County. The municipal smrmwater permit requires the implementation ora
stormwater management program. The stormwater management program is a plan fm the
~erm of the permit to teduc¢ the discharge ofpollmants, reduce harm tO receiving water~,
eliminate inappropriate discharges, ,and make progress towards compliance with S~a'face
water, ground water and sediment standards. Ecology is in the process of reissuing the
mxmicipal stormwater permi~ ·
February 2002 Ecology is an equal opportunit~ agency.
Publication Number 01-10-078 C~' Pn'n ted on gtcydd.t~per
Future Slormwater Requirements
EPA signed the final Phase II stormwater regulations in December 1999. The Phase II
regulations expand the requirement for stormwate~ permits to all municipalities located in
urbanized areas, and to construction sites between one and five acres. The expansion of the
construction site permit is likely'to affect thousands of sites. The rule also requires an evaluation
of cities outside of urbanized areas that are more than 10,000 in population to determine ifs
permit is necessary for some or all of these cities. Under the new rule up to 90 additional
municipalities in Washingion may need stormwater permits. According to EPA rules, Ecology
must issue a general permit for all Phase Il municipalities and consn'uction activities by
December 2002, and those municipalities and constmctian sites must have permit coverage b~y
March 2003. The Phase 11 municipal general permit must include provisions for public
education and outreach, public participation and involvement, illicit discliarge detection and
elimination, consl~'uction site runoffcontrols, post-construction ronoffcontrols, pollution
prevention, and good housekeeping practices.
State Stormwater
The 1999 Legislature appi'opriaied funds to Ecology to form an advisory committee to update the
state stormwate~7 management, plan and the Puget Sound stormwater techfiical manual. Since
there was not a current formal stale stormwater management plan, the committee provided input
to Ecology bn the development of such a plan. Ecology partnered with the Department of
Transportation to sponsor a study of stormwater management. The stormwatc~ study focuses on
relationships between existing activities and oppormnitles for improvement. The study defm~s
the framework of stormwater management in Washington and recommends measures that nee..d
. to be taken to more completely address stormwater management. This report is available online
at: w'v~v.eey.wa. ~ov/programs/wcl/stormwat er/index.html
Ecology has revised its sturmwater management manual for'WeSlem Washingtoii and i~' in'the'
process of completing a stormwater management manual for ~/~slem Washington. The manual
has been updated to contain new information and technical standards and to expand the
applicability beyond Puget Sound to all of western Washington. The objective of'the manual is
. to provide a ~ommonly accepted set of standards and guidance for stormwater control measm'es.
These measures are to be used by local governments, state agencies, and private businesses to
control runoff from new development and redevelopment activities. It is generally expected thai
when these management measures are applied to new development and redevelopment activities
the stormwater runoffproduced will comply with water quality standards.
Significant changes in the manual include: changing the thresholds for selection of Best
Management Practices (BlVIPs) to require nearly all projects to use approlkiate on-site
stormwater management techniques, increased flow control requirements to address both peak
flows and duration ofhigh flows, and the requirement for higher levels of trealrnent for
di~charges from some commercial and industrial sites.
For more information, please contact Ed O~rien at (360) 407-6438, or visit Ecology's
Stormwater Home Page at: www.ecy.wa.gov/programs/wq/stormwaterlindex.btml
Ecology i~ an equal opportunity agency. Jf you have special accommodation needs, please call Donna Lynch at
(360) 407-7.529 (Voice.) or (360) 407-6006 (7'DD.). E-mail may be sent to dlvn46I~.ecv, wa.eov
Summary, of the 2001 Stormwater Management Manual
.for Western Washington
The Washington Department of Ecology has recently published a new stormwater manual. The
manual is published as a guidance document for municipalities in westem Washington. The
Puget Sound Water Quality Management Plan requires local governments jn the Puget Sound
Basin to adopt the updated manual or an equivalent manual by March 2003. NPDES Phase I
municipalities are required to adopt an equivalent manual. USEPA Phase ll rules require
Ecology to publish a menu of BMPs that is appropriate for local conditions.
The.manual generally applies to new development and redevelopment of industrial, commercial,
residential sites and road projects. It includes Minimum Requirements and Best Management
Practices (BMP's). The guidance in the manual become requirements for projects through
permits issued by local, state, and federal governments.
Here are the key concepts and changes in the manual:
· Thresholds for the application of BIVIP's are writlen to allow for more appropriate sizing and
placement of/low control and treatment BMP's. Fewer projects (as compared to previous
manual) will require engineered structures, but mere projects will be required to apply
appropriate BMP's. (See Volume 1: Section 2.4; Section 2.5.6; Section 25.7)
· Redevelopment projects ger~erally have the same requirements for any new impervious
surfaces as new development projects for their new impervious surfaces. Replaced
impervious surfaces in redevelopment projects are subject to stormwater requirements only if
a 50% cost (sites) or 50% area (roads) thresholds are exceeded. Surfaces outside of project
limit's are not subject to stormwater requirements. (See Volume 1: Section 2.49)
· New BMPs have been added for controlling erosion from construction sites (Volume IT) and
for pre~enting storrnwater pollution at its sources (Volume. IV). .... . , ·
· "Onslt~" BIVIPs are specified to reduce hydrologic disr0ption and inappropriate sizes.of
treatment & flow control facilities ('VoI.V, Chapter 5; and:Vol. IH, Section 3.1).
· Higher levels of treatment are required for most discharges to lakes and streams from
industrial, commercial, muhifamily sites and from highways/arterials to reduce the incidence
of discharges harmful to fish and other aquatic life (VoI.V, Chapter 3).
· Flow control requirements now address matching the duration of peak flows. This requires'
the use of continuous runoffmodeling, h results in retention and detention facilities that are
significantly larger than required by the 1992 manual. (Volume I, Section 2.5.7; and Volume
· An hydrology model that predicts runoff for all areas of western Washington has been
developed using Hydrologic Simulation Program - Fortran 0tSPF). Ecology will add
features to the model including a pond sizing routine.
Phase II Municipal NPDES Permit Communities
Mandatory Coverage Maple VaJley Spokane County
(Census Urban Areas)~ Marysvill¢ Thurston County
Thc Phase ]] regulations require Medina Whatcom County
coverage for communities in Mercer ]sland Yakima County
Urban Areas, as defined in the Mill Creek
2000 Census Millun Potential Designation:
Millwood ( Commanitiez with greater
Algoua Mountlake Terrace than lO, O00 populatlon must
Auburn Mukilteo be evaluated for coverage).
Beaux Arts Newcastle In addition to those
Bellevue Normandy Park communities that requLr¢
Bellingham Olympia mandatory coverage
Bonney Lake Pacific Ecology must evaluate
Bothell Pascoe communities with more than
Bremcnon ~on Orchard 10,000 population' and a
Brier Puyallup density of 1,000 persons pm'
Burian Redmond square mile or greatex.
Clyde Hill Rento~ ]qote - $.o_rne of.these
Covington Richland corp. rnumlies could be
D~s Moines Ruston designalcd as Urban A~¢aS in
I DuPom gammamish ]he 2000 Census
I Ex lgewood SeaTa~
'Edmonds $elah Aberdee~
Enurncl~iw ' S~oreline Ana¢ortes
Evereat Spokan~ Arlingto~
Federal Way Steilacoom Bainbridge lslnnd 2
Fife Sunmer Cantos
Fircrcst I Tukwila Centmliu
Gig Harbor ~ Tumwater
Hunts Point : ' Union Gap ~ ,~ Chehalis ,
Issaquab University Place ':: : . ] Enumclaw
Kelso: 'vanc°uver ' ~ '
· t MonrOe.
Kenmo~ West Richland Moses Lak~
Kennewick Woodinvill¢ Mount Yeraou
Kent Woodway Oak Harbor
Kiridund Yakima Port Angeles
Laccy Yarrow Point Pullman
Lake Forest Park Sunnyside
Lakcwood '1~..? Urban Area of the followingl Walls Walls
Longview counties: Wenatchee ·
Lynnwood Benton County
Cowlitz County
Franidin County
Kitsap County
~ T~csc ~'c~s arc listed ns Urban Arc~s in thc ]9~cnsus, or arc ncw,citics ~ncorporatcd within existing Urbnn
,Mens after the 1990 Census. Thc 2000 Census may include additional cities not listed he~.
~ Bainbridge lsland is over 10,000 population, but does not currently exceed th~ i ,000 par squar~ mile density
threshold.
Chapter 13.63
STORM AND SURFACE WATERS
Sections:
13.63.010 Utility established.
13.63.015 Jurisdiction.
13.63.020 Plan adopted.
13.63.030 Transfer of property.
13.63,040 Cost.
13.63.050 Definitions.
13.63.060 Fee imposed.
13.63,065 Automatic annual fee adjustment.
13.63.070 Single-family and duplex residential fees.
13.63.080 Commercial/multiple fees.
13.63.082 Exemptions
] 3.63.084 Private storm water retention system rate reduction.
13.63.085 Unused
13.633086Application for rate reductions - Appeal.
13.63.090 Unused
13.63. I O0 Billing and payment.
13.63.110 Remedies - Termination of water service.
13.63.120 Lien for service - Interest.
13.63.130 Inspections - Right of entry - Emergency.
13.64.200 Severability.
13.64.010 Utility established.
There is created and established a storm and surface water utility. The utility shall be
adminislered under direction of the Director of Public Works and Utilities.
13.64.015 Jurisdiction.
The city shall have jurisdiction over all storm and surface water facilities within the city. No
modifications or additions shall be made to the city's storm and surface waler facilities without
the prior approval of the city. ~f~
13.64.020 Plan adopted.
The system or plan of the storm and surface water utility shall be (l) the Stormwater Management
Plan prepared by Economic and Engineering Services Inc. dated June 1996 and adopted by the
city council on December 17, 1996, (2) applicable sections of the Urban Services Standards and
Guidelines dated October 1995, and (3) the Stormwater Management Manual for Western
Washington, dated August 2001. The Urban Services Standards and Guidelines shall be revised to
reflect the requirements of the Stormwater Management Manual for Weste~.~!l~shington.
13.63.030 Transfer of property.
All properties, property rights and interests of every kind or nature owned or held by the city,
however acquired, insofar as they relale to or concern storm or surface water sewage are
transferred to the storm and surface water utility, including by way of examples and not
limitation, all properties, rights and interests acquired by adverse possession or by prescription in
and to the drainage and storage of storm or surface waters over and under lands, watercourses,
streams, ponds and sloughs to the full extent of inundation caused by the largest storm or flood
condition.
13.63.040 Cost.
Since the city now owns all the facilities, rights and interests set forth in PAMC 13.63.020 and
13.63.030, there is no estimated cost.
13.63.050 Definitions.
The following definitions shall apply to this chapter:
A. "Commercial/multiple property" means and:includes all property zoned or used for
multifamily, commercial or retail uses.
B. "Impervious area" means any part of any parcel of land that has been modified by the action of
persons to reduce the land's natural ability to absorb and hold rainfall. This includes areas which
have been cleared, graded, paved or compacted. Excluded, however, are all lawns, agricultural
areas, and landscaped area.
C. "Single -Family and duplex property" means and includes all property used for single family
and duplex residential uses.
13.63.060 Fee imposed.
The owners of all real property in the city which contributes drainage water to and/or which
fee as set rth in this chapter.
benefits from the city's storm water utility shall pay a monthly ~r
13.63.065 Fee adjustment.
The fees described in PAMC 13.63.070, as now existing and as subsequently amended, shall be
adjusted by the passage of an ordnance. (Note: It is anticipated that storm water utility rate
studies will be performed on not less than a t~ee year cycle.)
13.63.070 Single-family and duplex residential fees.
The monthly service fee for each single-family and duplex residential dwelling shall be
$6.00/$8.00.
13.63.080 Commercial/multiple fees.
The monthly fee for all commercial/multiple property shall be calculated by dividing the total
impervious area in square feet by the 4000 square feet, rounded do~/~J~o the Whole number, times
the single family and duplex residential fee.
13.63.082 Exemptions. ~%~
Ciiy Slreets, State Highways, private streets with storm and surface facilities in place meeting
City standards, City owned properties, and other publicly or private owned properties or portions
thereof having their own NPDES permitted storm and surface water runofffacilities which do not
discharge to City facilities shall be exempted from charges under this system and structure of
Tales.
13.63.084 Private storm water retention system rate reduction.
For any property other than a single-family residence or duplex residential dwelling, if the
property owner (1) has been required by either the city since January 15, 1993, to install a private
storm water retention system as a condition of the property's development or (2) has installed
voluntarily since January 15, 1993, a private storm water retention system serving the property
and meeting city standards at the time of installation, the city may at its sole discretion reduce
slorm and surface water service monthly fee charged for the property pursuant to PAMC
13..63.080 by up to 25 percent for systems meeting or exceeding the minimum requirements of the
1992 Stormwater Management Manual for Western Washington and up to 50 percent for meeting
or exceeding the minimum requirements of the 2001 Stormwater Management Manual for
Western Washington. The rate reduction authorized by this section shall not be used in
conjunction with any other rate reduction authorized by this title ~
13.63.085 Unsued
13.63.086 Application for rate reductions - Appeal.
A. In order Io qualify for exemptions or rate reductions set forth in PAMC 13.63.082 and
13.63.084., the property owner must file an application with the Director of Public Works and
Utilities by November 15th of the year prior to the year in which the rate reduction is to be effective.
B. Any person aggrieved by any decision of the Director of Public Works and Utilities relating to
an application for exemption or rate reductions authorized by PAMC 13.63.082 and 13.63.084
may appeal the director's decision to the City Manager within 30 days of the date of the
Director's decision. The City Manager's decision may be appealed to the City Council within 30
days of the date of the City Manager's decision.
13.63.090 Unused ~)~,~'~
13.63.100 Billing and payment.
Thi~ city shall bill storm and surface water utilitylservice accounts monthly and shall be billed :i0
property owners in the same manner as water and sewer bills.
13.63.110 Remedies - Termination of water service.
The Director of Public Works and Utilities or designee is authorized to terminate water service to
any property owner who fails to pay the storm and surface water utility service fees imposed by
this chapter in the same manner as delinquent water bills. Termination of such water service shall
not limit other remedies available to the city.
13.63.120 Lien for service - Interest.
Pursuant to RCW 35.67.200 et seq. the city shall have a lien for delinquent and unpaid sto~rm
water sewer charges. A sewer lien shall be effective for a total not to exceed one year's delinquent
service charges without the necessity of any writing or recording of the lien with the county
auditor. Enforcement and foreclosure of any sewer lien shall be in the manner provided by state
law. Interest on the unpaid balance shall be eight percent per annum or higher rate as authorized
by law.
13.63.130 Inspections - Right of entry - Emergency.
The city is authorized to enter at all reasonable times in or upon any property, public or private,
for the purpose of operating or maintaining the storm and surface water facilities, or to inspect or
investigate any condition relating to the storm and surface water utility; provided, that the city
shall first obtain permission to enter fi.om the owner or person responsible for such premises. If
entry is refused, the city shall have recourse to every remedy provided by law to secure entry.
Notwithstanding the foregoing, whenever it appears to the city that conditions exist requiring
immediate act/on to protect the public health or safety, the city is authorized to enter at all
reasonable times in or upon any property, public or private, for the purpose~g,of inspecti ,
invest/gating or correcting such emergency condition.
13.24.200 Severability.
If any section, sentence, clause or phrase of this chapter should be held to be invalid or
unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall
not affect the validity or constitutionality of any other section, sentence, clause or phrase of this
chapter.
Please send your comments to:
Glenn A. Cutler, P.E. Voice: 360-417-4800
Director of Public Works and Utilities FAX: 360-417-4542
City of Port Angeles
321 East Fifth Street
P.O. Box 1150
Port Angeles, WA 98362-0217
E-mail: pubworks~ci.port-angeles.wa.us ~~
WASHINGTON, U.S.A.
}F COMMUNITY DEVELOPMENT
Date: May 23, 2002
To: Utility Advisory Committee and Glenn Cutler
From: Brad Collins, Community Development Director ~
Subject: City-County Stormwater Management Policy
At the last UAC meeting, I spoke about the emerging watershed planning policy recommendations
concerning stormwater management in Water Resource Inventory Area 18. Watershed planning under Bill
2514 has been ongoing for over two years, and the Elwha-Morse Management Team, including both the City
and Clallam County, is developing stormwater management recommendations that will be basin-wide and
not jurisdictionally limited. EMMT will strongly support not only stormwater drainage improvements but
also make the City responsible for providing them one way or another.
Accordingly, the City should take the position that their responsibility for managing the water resource
(i.e, the small urban streams "passing through" the City and into the Strait of Juan de Fuca including Port
Angeles Harbor) requires that Clallam County support the policy that all property owners in the affected
stream basins be included in paying for the necessary stormwater improvements, which are invariably made
downstream from where the majority of the water comes. The water quality of the Strait of Juan de Fuca is
not just a City responsibility nor is the water quality of the small "urban" streams.
The biggest problem is not establishing the policy but is figuring out a practical method of funding.
This is no different inside or outside the City. The utility rate method is the most equitable, broad reaching,
and lowest cost per property owner, because it spreads the cost over more rate payers, including public
entities, who are not tax payers. Those properties that are either left in forest or have made drainage
improvements to adequately control "their" stormwater runoff should be exempted from or credited toward
stormwater property assessments or utility payments, whichever funding mechanism is used.
Finally, the City should not wait for the EMMT recommendations, which won't be drafted for a few
more months and not adopted for another year or two. Instead, the City Council should gain the support of
the County Commissioners for the establishment of a basin-wide stormwater utility operated by the City.
Since County property owners will be paying into the utility, stormwater improvements may be made in the
County as well as in the City. For all practical purposes, the amount that will be paid by County rate payers
is likely to be relatively small in comparison to the impervious areas inside the City, with the exception of
cornmemial accounts in the UGA. I also believe the amount paid by City properties will be relatively even
smaller and not worth the negative public relations in a tough new expense for property owners, most of
whom don't experience stormwater problems but do contribute to them more or less equally.