HomeMy WebLinkAboutAgenda Packet 09/09/2003 PORT ANGELES, WA 9B362
SEPTEMBER c~y 2ED3
3:0n P.M.
Ar~ENDA
I. CALL TO ORDER
II. ROLL I~-ALL
III. APPROVAL OF rV~INUTES FOR AUGUST I 2, 2003
IV. LATE ITEMS
V. DIBCUSSION ITEMS
B. FLUORIDATION UPDATE (VERBAL)
C. REARING CHANNEL LEASE
D. C:TORMWATER UTILITY DISCUSSION
VI. NEXT ~EETING DATE - ~TOBER 14~ ~003
VII. ADdOURN~ENT
UTILITY ADVISORY COMMITTEE
Port Angeles, Washington
August 12, 2003
SPECIAL MEETING Call to Order:
Chairman Erickson called the meeting to order at 1:30 p.m.
II. Roll Call:
Members Present: Chairman Erickson, Councilmember Rogers, Orville Campbell, Dean
Reed, Allen Bentley (2:05)
Members Absent: None
Staff Present: Mike Quinn, Craig Knutson, Glenn Cutler, Ken Ridout, Scott McLain,
Gary Kenworthy, Cate Rinehart
Others Present: Brian Gawley - Daily News
Paul Lamoureux
Peter Ripley
III. Spokane Street Utility Conference Call - Roger Flint (HosO
A comprehensive approach to the creation of a street utility fund was given substantiating the ability to
restore streets to the proper condition by providing a predictable sustained revenue. Legal and
legislative challenges were reviewed noting implementation of such a fund would probably not take
place within the next five years. A brief discussion followed.
No action taken. Information only.
IV. Adjournment: The special meeting adjourned at 2:50 p.m.
REGULAR MEETING Call to Order:
Chairman Erickson called the meeting to order at 3:00 p.m.
II. Roll Call:
Members Present: Chairman Erickson, Councitmember Rogers, Orville Campbell, Dean
Reed, Allen Bentley
UTILITY ADVISORY COMMITTEE
August 12, 2003
Members Absent: None
Staff Present: Mike Quinn, Craig Knutson, Glenn Cutler, Ken Ridout, Scott McLain,
Gary Kenworthy, Tom McCabe, Bill Beverford, Jim Harper, JeffYoung,
Cate Rinehart
Others Present: Brian Gawley - Daily News
Paul Lamoureux
Peter Ripley
IIL Approval of Minutes:
Chairman Erickson asked if there were any additions or corrections to the meeting minutes of
July 8, 2003. Allen Bentley moved to approve the minutes. Councilman Campbell seconded the
motion, which carried unanimously
IV. Discussion Items
It was noted for the benefit of the citizens present that the committee met for the purpose of interaction
with its members and was not designed as a vehicle for debate with citizens at large. Chairman Erickson
and Glean Cutler, Director of Public Works and Utilities, advised they would be available for any
anyone who wished to have a matter placed before the committee.
A. Benefit Dump Day
Tom McCabe, Solid Waste Superintendent, reviewed this annual event where residents may haul waste
to the landfill for free but are requested to donate cash or food to benefit the Port Angeles Food Bank.
The Food Bank received $3,259 in cash and 5,840 pounds of food. It was noted that the cost for the
event is included in the landfill tipping fees. Staff was directed to include a history comparison in the
memo to Council.
Information only. No action taken.
B. Leak Detection 2003 Results
Bill Beverford, Water/Wastewater Collection Superintendent, stated the City had contracted with Utility
Services Associates to locate leaks in the water distribution system using sensitive sound amplification
instruments. Six leaks were detected and repaired indicating an estimated water loss of 51,120 gallons
per day. There was a brief discussion
Information only. No action taken.
C. "F" Street Substation Transformer Update
James Harper, Electrical Engineer, advised that around mid-July the substation became extremely noisy.
2
UTILITY ADVISORY COMMITTEE
August 12, 2003
Electrical and chemical testing was done without results. On August 6th the General Electrical Export
Company who originally manufactured the transformer assessed the problem and found clamping bolts
loose inside the structure. Adjustments were made and the vibration problem was resolved. It was
noted that the electrical rebuild project for the Laurel and Washington street substations had been
delayed until the noise problem was corrected. A brief discussion followed.
Information only. No action taken.
D. Elwha Underground Rebuild Phase l
James Harper, Electrical Engineer, indicated that the underground cables along the old railroad right-of-
way, Milwaukee Avenue, were almost thirty years old and beginning to fail. The rebuild of this line will
occur over a three year period and has been included in the Capital Facilities Plan. The south side of the
right-of-way was selected to minimize timber removal, lessen conflict with a proposed sewer connection
line, and reduce conflict with future development. The budget was exceeded due to an increase in the
cost of cable and the relocation of the trench. A discussion followed.
Councilman Campbell moved to recommend Council increase the allocation for this project by
$70,000 to $300,000 and award the contract for the project to Superior Electric Northwest, Inc. of
Bothell, Washington at a cost of $206,689.05 including sales tax. Dean Reed and Allen Bentley
both seconded the motion, which carried unanimously.
E. Interim Septage Receiving Action Plan
Jeff Young, Wastewater Treatment Plant Superintendent, explained that until a permanent receiving
station is constructed the City could realize revenue by accepting septic waste from haulers within
Clallam County. A fee of eleven cents per gallon has been established. Mr. Young further noted
minimal conversion of redirecting a storm drain at a cost of approximately $5,000 would be required.
There was a brief discussion.
Dean Reed moved to forward a favorable recommendation to accept septage generated from
outside of the City beginning September 1,200, at the rates established in Chapter 3.70 of the Port
Angeles Municipal Code. Councilman Campbell seconded the motion, which carried
unanimously.
F. CSO Flow Monitoring Upgrades
Gary Kenworthy, City Engineer, confirmed that Geotivity, Inc. had installed and was maintaining flow
measuring and recording devises at each of the City's five Combined Sewer Overflow (CSO) sites as
required. The flow recorders need to be upgraded to meet the needs of the National Pollutant Discharge
Elimination System (NPDES) permit. Trading in four recorders and upgrading one will result in an
estimated monthly operating cost savings of $1,000. There was a brief discussion.
Councilman Campbell moved to authorize the Mayor to sign a purchase contract with Geotivity
UTILITY ADVISORY COMMITTEE
August 12, 2003
for an amount not to exceed $34,500. Allen Bentley seconded the motion, which carried
unanimously.
G. Purchase Of Conservation Agreement Amendment
Scott McLain, Deputy Director For Power Systems, pointed out the current agreement would expire on
September 30, 2003 i£not amended. This amendment extends the term to September 30, 2006 revising
the incentive to be based on energy conservation life not to exceed 60% of total project costs and does
not include reimbursement of the City administrative cost. There was a brief discussion.
Dean Reed moved to recommend to authorize the Director of Public Works and Utilities to sign
the Purchase of Conservation Agreement Amendment with the Bonneville Power Administration.
Councilman Campbell seconded the motion, which carried unanimously.
tt. October 2003 Electric Rate Increase
Scott McLain, Deputy Director For Power Systems, summarized the revenue requirements and retail rate
options. Staffrecommends an increase in consumption charge to all rate classes by $.0031 kWh, the
average residential rate increase to be 5.7%, and a change in consumption charge fi.om $04.75 to $.0506
per kWh. A discussion followed.
Dean Reed moved to recommend option one of the retail rate proposals to increase electric rates in
October, and defer a decision on an adjustment due to the BPA wholesale power increase until
April of 2004. Allen Bentley seconded the motion, whleh carried unanimously.
I. Fluoridation System Project Update
Glenn Cutler, Director of Public Works and Utilities, stated the SEPA check list should be ready for the
City to review sometime during the first part of September.
Information only. No action taken.
J. Elwha Fish Rearing Channel Update
Glenn Cutler, Director of Public Works and Utilities, stated City concerns had been expressed at a recent
meeting and that a letter of support should be coming shortly.
Information only. No action take.
K. Stormwater Utility Discussion Continued
Gary Kcnworthy, Deputy Director of Public Works and Utilities/City Engineer, reviewed potential high
profile projects which would solve the problems of the most concerned areas which are flooding,
combined sewer overflow reduction, and economic development. Project funding was also addressed as
well as the need of a project engineer to oversee management of this undertaking. A lengthy discussion
UTILITY ADVISORY COMMITTEE
August 12, 2003
followed with staff being requested to forward this information to Council under the heading of"Other
Considerations."
Information only. No action taken.
V. Late Items
None.
VI. Next Meeting: The next meeting will be September 9, 2003.
VII. Adjournment: The meeting adjourned at 5:00 p.m.
Councilmember Erickson, Chairman Cate Rinehart, Administrative
Assistant
R/22/03
\PWKS~LIGHT~CONS\CATEhaug 12meet.wpd
WASHINGTON, U.S.A.
UTILITY ADVISORY COMMITTEE MEMO
DATE: September 9, 2003
To: UTILITY ADVISORY COMMITTEE
FROM: Larry Dunbar, Power Resources Manager
SUBJECT: Conservation Program Adjustments
ummary: The City has offered its residential utility customers participation in the Bonneville
Power Administration Conservation and Renewables Discount program since June 1, 2001. The
City's total rebate expenses have been above where they should be considering the duration of
the program is five-years. Appropriate reductions to rebate levels were made on July 1, 2003 to
reduce program expenses.
Recommendation: For information only, no action requested.
Background: On April 12, 2001, the City Council authorized the Director of Public Works and
Utilities to implement an energy conservation program that qualifies for the Bonneville Power
Administration (BPA) Conservation and Renewables Discount (C&RD) program. The BPA
C&RD program provides rebates to residential customers for electrical energy conservation
improvements.
Analysis: The City's C&RD program officially began on October 1, 2001 and will conclude on
September 30, 2006. The City's rebate expenses under the C&RD program qualify towards a
credit against the City's BPA wholesale power bill. City energy conservation program expenses
beyond the BPA C&RD would have to be financed by the City and would have an impact on
electrical rates.
The City's total rebate expenses have been above where they should be considering the duration
of the program is five-years. A key reason we have been above the performance target is the
2001 energy crisis. Another reason is there have been over 2,000 City customer inquiries made
and "word of month" advertising has been significant.
On July 1, 2003, the rebates for most energy conservation improvements were lowered by
approximately 20%. As &August 31, 2003 total rebate expenses were 48.3% of the 5-year
program budget. Rebate expenses are 10.3% above the 38.0% performance target. Expenses
under the C&RD program will continue to be closely monitored to ensure that funding is
available for the entire five-year program period.
A table summarizing the revised rebates and a chart summarizing rebate expenses are attached
for additional information.
August 31, 2003
City of Port Angeles
C&RD Program Rebate Expense Summary
100% · City Rebate Expenses Performance Target .... Rebate Expenses After Adjustments.//?
95% ,,-"
90% ,,,'
85% ,," .
80% Rebate expenses were ,,'"'
48.3% of program budget ,,," /.
75% ,"
70% ,,-'""'
,"" / Projected rebate expenses
65% /' ,/ after July 2003 adjustments
60% ,,,,- ×./-
45%
350/0 ,,' bate expense target was
~O[30% .~% J38.0%ofprogrambudget
I~. 25%
20%
15%
10%
5%
Program Term October 2001 Through September 2006
WASHINGTON, U.S.A.
UTILITY ADVISORY COMMITTEE MEMO
DATE: September 9, 2003
TO: UTILITY ADVISORY COMMITTEE
FROM: Stephen Sperr, P.E., Engineering Manager '
RE: Letter to Washington Department of Fish and Wildlife
Summary: The Washington Department ofFish and Wildlife (WDFW) operates a fish rearing
facility on leased City property adjacent to the Elwha River and the City's Industrial Water Line
(IWL). The lease allowing them to operate on the site and use a portion of the water diverted
from the Elwha River IWL expired in March 2003. As part of negotiating a new 3-year lease,
new terms are needed to address the relationship between the City and WDFW on various issues.
Recommendation: Concur with staff's intent to send the proposed lease to WDFW for
comments.
Background/Analysis: The Washington Department of Fisheries, now part of WDFW,
constructed a salmon rearing facility on City property next to the Elwha River in the 1970%. The
facility was built to mitigate the impacts that the two dams on the Elwha River had on salmon
stocks in the fiver. Previous leases allowed the WDFW to operate the facility and use a portion
of the city's manufacturing water fight (up to 50 cubic feet per second out of the original water
right certificate amount of 150 cfs) from the surface water intake built by the City in 1929.
The current lease was entered into in March 2000, for a period of 3 years. Previous leases were
of much longer duration, but due to the unknown impact of the federally-funded Elwha
Ecosystem and Fisheries Restoration Act (the Elwha Act) at the time, a short lease seemed
appropriate. The lease being negotiated currently is also proposed to be of 3 years duration.
The following issues should be addressed in the new lease and relate to the Elwha Act and the
City's hydroelectric facility on Morse Creek.
1. Habitat Conservation Plan (HCP)
The lease will include wording to the effect that the WDFW agrees to support efforts by the City
and the National Park Service in obtaining a "low effect" HCP to allow activities to take place in
the Elwha River to prevent channel meander away from the rearing facility and the City's Ranney
Collector well.
September 9, 2003 UAC
Letter to WDFW
Page 2 of 2
2. Fish Screens
The lease will include wording committing WDFW to maintaining fish screens on intake
facilities associated with facilities constructed under the Elwha Act and/or City's Industrial
Water Line (lWL).
3. Permitting & Construction of Facilities under the Elwha Act
The lessee will agree to cooperate in the permitting and construction phases of the facilities to be
constructed under the Elwha Act.
4. Use of City Water
Previous leases allowed the facility to divert as much as 50 cfs of surface water, using that part of
the City's manufacturing water right set aside for "fish rearing". It is proposed under the new
lease to allow up to 36 cfs to be used by the facility, with the balance of the 50 cfs to be to be
used by the City as it sees fit, subject to the water right.
5. Support of City operations on Morse Creek
The new lease and associated water rights provided by the City will be considered as full
mitigation for any potential impacts on listed species i~ Morse Creek and no additional flow
restrictions will be requested for Morse Creek.
All other terms of the previous lease either remain in place or have been removed because they
were no longer applicable. The terms remaining in place include details on the operation or
modification of the facility, the coordination of activities with Daishowa America and other
potential users of the IWL, access to the site, record drawings and liability.
Per the direction of the UAC, the City sent a letter to WDFW expressing concems about the
working relationship between the two agencies. Attached is the response fi.om Sue Patnude,
Regional Director, Region 6, WDFW.
It is recommended that the UAC support staff's efforts in continuing a dialogue with WDFW by
sending a response letter, and negotiating a draft lease for WDFW operation of its fish rearing
channel. The lease will be brought to the UAC for consideration before it is submitted to the
City Council.
Attachment: Letter from WDFW
N:\UAC~FinaI\WDFW again Sept 9.wpd
STATE OF WASHINGTON
DEPARTMENT OF FISH AND WILDLIFE
45 Oevonshfre Road. Montesano, Washington 98563-g6f8 · (360) 249-4628 FAX(360) 664-0(.
August 22, 2003
Mike Quinn, City Manager
City of Port Angeles
P.O. Box 1150
Port Angeles, Washington 98362-0217
Dear Mr. Quina:
On July 17, 2003, Department offish and Wildlife (WI)FW) Managers Ron Warren and
Tim Rymer met with you and other managers of the City of Port Angeles. The inter~t of
this meeting was to discuss and understand issues that the City had with aspects of
WDFW.
Specifically, discussions revolved around two separate subjects: the land and water lease
tied to our Elwha facility in which WDFW and the City have had a long time partnership
and specific Hydraulic Project Approval (HPA) processes between the City and WDFW
and how they are managed.
WDFW would like to set up additional meetings with appropriate City staff. The
agendas for these meetings should cover; the completion of our lease agreement for land
and water; Habitat Conservation Planning efforts, fish screen structure, necessary ·
permits, and issues surrounding Morse Creek projects. We would also like to begin talks
about upcoming City projects that will require HPA's. These are all areas that make
sense to work together to achieve the best outcome possible for the citizens and resources
we both represent. The Department is committed to working through difficult and
Sometime conflicting issues that we both face in a reasonable proactive way.
Tim Rymer and Ron Warren both informed me of the positive meeting that all of you
had. We hope that you agree that the topics mentioned above warrant further discussion.
WDFW is committed to working with the City of Port Angeles in dealing with any issue
that comes up now and in the future.
Please feel free to contact me at (360) 249-1223 if you have questions and/or concerns.
To set up a meeting, please contact my Administrative Assistant, Judy Guy, at (360) 249-
1219.
Regio'hal-,Director
Mike Quinn
August 22, 2003
Page 2
SMP:jg
cc: Glenn Cutler, Director Public Works and Utilities
Dr. Jeff Koenings, Director WDFW
Greg Hueckel, Assistant Director, Habitat Program
Lew Atkins, Assistant Director, Fish Program
Stephen Kalinowski, Region 6 Habitat Program Mgr.
Ron Warren, Region 6 Fish Program Mgr.
Tim Rymer, District Habitat Biologist
WASHINGTON, U.S.A.
UTILITY ADVISORY COMMITTEE MEMO
DATE; September 9, 2003
To: UTILITY ADVISORY COMMITTEE
FROM: Glenn A. Cutler, Director Public Works and Utilities
SUBJECT; STORMWATER UTILITY
Summary: City Council directed that the Stormwater Utility issue be returned to the UAC for
further discussion and formulation of a plan.
Recommendation: Discuss the issue and provide direction to staff.
Background/Analysis:
The City Council discussed the formation of a projects based stormwater utility at their
September 2, 2003 meeting. They directed that the issue be returned to the UAC for developing
a proposal that will correct existing problems associated with stormwater.
To facilitate discussion, attached is a copy of the proposed stormwater utility memo, without
attachments, presented to City Council on September 3, 2002. It is acknowledged that the latter
portion of the memo is no longer totally valid due to the desire of the Council and UAC to focus
on projects. Also attached is a copy of the draft ordinance submitted to Council on September
17, 2002 with the reference to the Western Washington Stormwater Manual highlighted to reflect
that this portion would not be included in the future.
It is recommended that the issue be discussed and staff remm at a future UAC with a proposal
based upon the direction.
Attachments: City Council Memo dated September 3, 2002 w/o attachments
Draft Ordinance
pORTANOELES
VV A $ H ~ N G T O N, U.S. ,a,.
(~I?Y COUN(~IL MEMO
]DatE: September 3, 2002
FROM: Glenn A. Cutler, Director of Public Works and Utilities
SUBJECt: Stonnwater Utility, Public Hearing
Summary: One of our major goals, as directed by City Council, is the implementation ora
Stormwater Utility. A public outreach effort was conducted between April and July 2002 and
comments solicited. Staffhes completed development of an ordinance for formation ora
stormweter utility to fund improvements. UAC has reviewed the ordinance and ~.-cormnended
forwarding to Council for a public hearing and adoption ...........
....... Recommendation: Listen to the presentation, open the public he~ring and receive input
regarding formation of the stormwater utility nnd continue the public hearing to
eptember 17~ 2002 Council meeting.
Background/Analysis: At thc June 5. 2001 City Council approved procoeding with the
developmant ofa stormwater utility for implementation early in 2002. The utility is needed to
correct longstanding fiooding, erosion, and related stormwater problems, assist in required
reduction of combined sewer overflow (CSO) per our Wastewater Treatment Plant's O/v'WTP)
National Pollution Discharge Elimination System (NPDES) discharge permit, and to fund
mandated stormwater management requirements of the federal Endangered Species Act (ESA)
and Clean Water Act-NPDES Phase II potential Stormwater
The ESA requirements became effective January 1,2001 and they prohibit any aetlvity which
harms endangered species. This applies to all City activities including, but not limited to
cons~uction projects, operation and maintenance activities, water intmkes, erosion control
practices, and all construction and new development activities permitted by the City. The
stormwater management activities required by NDPES Phase II include public education and
outreach, public involvement and participation, illicit discharge detection and elimination,
constmctinn and post-cons~'uction site stormwater runoff conR'ol, and pollution prevention for
municipal operations. The Washington Department of Ecology' (DOE), which administers and
enforces the NPDES Phase II requirements, has developed a Stormwater Management Manual
for Western Washington which, when adopted by agencies, will meet these requirements. The
City's current clearing, grading, filling and drainage ordinances do not fully meet the
requirements of ESA and NPDES Phase II and will have to be modified to comply.
The ESA requirements became effective January 2001 and the currant anticipated date for
compliance with NPDES Phase II is March 10, 2003. Port Angeles is listed in the NPDES Phase
II regulations as a City which potentially may be included pending further study by DOE. At this
119
September 3, 2002 City Council
RE: Stormwat~ Utility
Page 2
time thc DOE has not determined if Porl Angclas and thc surrounding urban growth area (UGA)
will be covered by an NPDES Phase II permit. At a r~,~'nt Clallam County Planning Commission
meeting focusing on stormwater a DOE representative stated that thosc portions of Porl Angeles
covered by the WWTP's NPDES discharge permit may not be included and that it has not been
det~rrained as to whether the rast of the City and thc UGA arca will bc included. The DOE
representative fiuther stated thai. a schedule for thc dccisious is duc in September 2002 and that a
decision as to our City's status and area of coverage is due in December 2002.
A series of public meetings was held commencing in April 2002 to disseminate information
concerning thc need for a new stormwater utility, recent rcgnlatious, 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 thc media (Peninsula Daily News - paid
advertisements and articles, KONP - public servica announcements and Peninsula Network News
- cable TV outlet and Channel 21). A direct mailing campaign was also employed to armounco
the meetings to business, organizations and property owners.
presentations were given to the Chamber of Cornmeree, the Port Angeles Business Association,
business owners, and residential owners. The public meetings for the business and residanfial
owner were held during the day, as well as the evening, to facilitate attendance. The
presentations were also available on the City websita for individuals to review. Presentations
were also given to the local Realtors at one of thair luncheons, IGwanis, Thursday AM group,
and the North Olympic Building Association Board of Directors.
Major issues raised by the Public included:
I. Economic impact of additionai costs
2. Should the revenue collected be designated a fee or tax
3. Exemption of City facilities
4. Billings to tenants or property owners
5. Timing to adopt the Stormwater Management Manual f~r Western Washington
6. Equity between homes and businesses/commercial propexty
7. Why create a stormwater utility
120
N:\UAC\Ohg/nalXStonnwater9 -9 -03_A.wlxl
The formation cfa stormwater program and utility was discussed at the UAC on May 14 and 30,
July 23 end August 13, 2002. During these meetings the reasons for formation of the Utility
were revisited, the consequences of not forming the Utility, rate structures/revenues, impacts to
residents end businesses, end exemptions/credits were some of the items discussed along with
thorough discussion on the ordinence.
The proposed storm and surface water utility ordinance is imended to be slraight forward and
· simple for ease ofimplemantation, understending end administration. The ordinance has been
modified to reflect concerns and comments received during the public meetings end during
discussion at the UAC meetings.
Highlights of thc attached proposed 6rdinence:
I. Effective collection fee date: Jenuary l, 2003
2. Inclusion of all City properties for fee payments. Original proposal exempted
all City property.
3. Establish $3.00 per month basic rate for developed ~ngle-family and duplex
properties and set a cap of $30.00 per month for developed non-residential
prop~ies. Original proposal was for $6 to $8 ~ month with no cap.
4. Establish 4,000 square feet of impe~ions surface as the basic non-residential
fee unit. Original proposal was for 2,500 ~uare feet. Fractious cfa unit will be
rounded down with one unit being the minimum charge.
6. City Streets, State Highways, end other private streets end public or private
prop~des having their own NPDES permits and do not discharge to City facilities
shall be exempt from monthly fees. No chenge.
7. Nonresidential properties may receive fee reductions of up to 50% for
installation of stormwater control measure. No chengu.
~laplip..q~f the DOE Stormwater Management Menusl
W~ of the N?NP~tL.q-iah'ag~l'l~pormit date or the
~allem _ _ Plenfor c~.mpli~ca with
ES.A. Od 'n
9. Billings to prope~y owners unless assigned to tenents with approved
10. Appeals process for reducing f~ assessment.
121
11. Enfo~mem pro~siom including ~ li~ iffe~ not paid.
12. Fee ~essm~t to t~e into ~nsid~tion ~t ~nfi~om p~el~o~ may
m~e up one site for ~s~sment. ~fore, miffi~hng &e ~ibfliW of
ex~ing ~e iment of not chafing more ~at $30 ~ mon~ for ~
~tablis~mt.
It is ~o~s~ ~at a $3.~ p~ mon~ rate wi~ a $30.00 cap ~ ~lish~. ~
~ suffici~t rev~ue to ~lly ~nd int~d~ ~ions ~cim~ wi~ st~ce
wat~ m~d impmvmen~. ~e pmpos~ f~ ~ ~~ding will provide
f~ a pinnately at ~e 65 to 70~eveL S~ch~
b~d~ a g~ st~ng ~int to
~~ ~h ~rk n~s to ~
~~ appro~~ to re~ ~e
i~ wi~
~ to ~d a sto~wat~ m~ag~ ~sifion in ~e ~n~ng di~sion to wo~
r~uir~B ~d ~m ov~all s~te~, ~d one ufili~~ ~sion to
~~ ~pmv~t ~ t~ns~ct
~ syst~. A sto~wat~ mmag~ ~sifion wo~d b~ or about
to ~se ~c U~ S~ Smn~GuideYm~ to
d~s ~d ~ eff~vc m~ m
~ be involv~ in pubY~c
~~~t dis~ge d~on ~d
~din ist wi~
~~e a~ached ordin~cc md ~end~ fo~~
p~m
ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles, Washington, establishing a
stormwater utility, establishing a monthly stormwater utility charge,
designating ado~,fing stormwater regulations and provisions for the
management and operation of the stormwater utility, and amending
Ordinance 2394 and Ch. 13.63 of the Port Angeles Municipal Code.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY
ORDAIN as follows:
Section 1. Ordinance 2394 and Chapter 13.63 of the Port Angeles Municipal Code
are hereby amended by amending Chapter 13.63 PAMC to read as follows:
Chapter 13.63
STORMWATER - REGULATIONS ~qD UTILITY
Sections:
13.63.005 Purpose
13.63.010 Stormwater Discharge Not Permitted
13.63.020 Unpolluted Discharge Shall Have Approved Outlet
13.63.030 Stormwater Connection Not Permitted in Sanitary System
13.63.040 Utility established
13.63.050 Jurisdiction
13.63.060 ~ Operation and Management
13.63.070 Transfer of property
13.63.080 Definitions
13.63.090 Monthly charge
13.63.100 Private stormwater retention system rate reduction
13.63.110 Application for rate reductions - Appeal
13.63.120 Billing and payment
13.63.130 Remedies
13.63.140 Inspections - Right of entry - Emergency
13.63.005 Purpose. The purpose of this Chapter is to establish a storm and surface
-6-
water management program in order to accomplish the following goals:
A._~. to promote sound development policies and construction procedures, which
respect and preserve the City's watercourses;
B~. to minimize water quality degradation and control of sedimentation of creeks,
streams, ponds, and other water bodies;
C._~. to protect property owners adjacent to developing and developed land from
increased runoff rates, which could cause erosion of abutting property;
D_~. to protect downstream owners; to preserve and enhance the suitability of
waters for contact recreation and fishing;
to preserve and enhance the aesthetic quality of waters;
to provide public education, outreach, participation, and involvement in
protection of water quality;
G_~. to maintain safe City stxeets and rights-of-way; and
H..~. to decrease drainage-related damage to public and private property.
The storm and surface water management program shall consist of stormwater
regulations and a stormwater utility, which shall be implemented and operated by the City's
Department of Public Works and Utilities in accordance with standards established by the
appropriate governmental entities with jurisdiction.
13.63.010 Stormwater Discharge Not Permitted. No person shall discharge or cause
to be discharged any stormwater, surface water, ground water, roof runoff, subsurface drainage,
uncontaminated cooling water, or unpolluted industrial process waters into any sanitary sewer,
unless othe~vise approved by the Director. (Ord. 2394 Ch. IV §1, 6/2/86)
13.63.020 Unpolluted Discharge Shall Have Approved Outlet. Stormwater and all
other unpolluted drainage shall be discharged to such sewers as are specifically designated as
combined sewers or storm sewers, or to a natural outlet approved by the Director. Industrial
cooling water or unpolluted process waters may be discharged on approval of the Director to a
storm sewer or natural outlet. (Ord. 2394 Ch. 1V §2, 6/2/86)
13.63.030 Stormwater Connection Not Permitted in Sanitary System.
A. No person shall make connection of roof downpours, exterior foundation
drains, area drains, or other sources of stormwater surface runoff or groundwater to a building
sewer or building drain which in turn is connected directly or indirectly to a public sanitary
sewer, unless such connection is otherwise approved by the Director.
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B. Storm drainage from hard-surfaced or graded areas, such as parking lots,
service station yards, and storage yards, shall enter the public storm sewer system or other outlet
approved by the Director and as required by this Chapter and as such facilities are available.
Such storm drainage shall not be connected to or enter a sanitary sewer, unless otherwise
approved. (Ord. 2394 Ch. IV §3, 6/2/86)
13.63.040 Stormwater Utility established. There is created and established a storm
and surface water utility (also referred to as the "stormwater utility"). The stormwater utility shall
be administered under direction of the Director of Public Works and Utilities. The stormwater
utility shall perform the functions, and have the authority, as set forth in Chapter 35.67 RCW for
managing, regulating, and controlling the City's stormwater management program.
13.63.050 Jurisdiction. The City shall have jurisdiction over all storm and surface
water facilities within the City's boundaries. No modifications or additions shall be made to the
City's storm and surface water facilities without the prior approval of the City.
13.63.060 ~ Operation and Management
A. The stormwater utility shall be managed and operated in accordance with:
(1) the Stormwater Management Plan prepared by Economic and Engineering
Services Inc. dated June 1996 and adopted by the City Council on December 17, 1996, and
(2) applicable sections of the Urban Services Standards and Guidelines.d,t,~d
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13.63.070 Transfer of property. All equipment, properties and property rights and
interests owned or held by the City, however acquired, insofar as they relate to or concern storm
or surface water sewage, are hereby transferred to the stormwater utility. This includes by way
of examples and not limitation, all properties and property 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.
13.63.080 Definitions. The following definitions shall apply to this Chapter:
A~. "Commercial/multiple property" means all property zoned or used for
multifamily, commercial, retail, public, government, non-profit, and all other non-residential
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 vegetated areas such as lawns, agricultural areas, and landscaped areas.
C~. "Single -family and duplex property" means and includes all property used
for single family and duplex residential uses.
13.63.90 Monthly Charge.
A._~. Effective January 1, 2003 (To Be Determined), the owners of all real property
in the City shall pay a monthly stormwater utility charge at the rate as set forth in this Section.
B_~. Single-family and duplex residential fees. The monthly stormwater utility
charge for each single-family and duplex residential property shall be $ 3.00.
C_~. The monthly stormwater utility charge for all commercial/multiple property
shall be calculated by dividing the total impervious area in square feet by 4000 square feet, with
the result rounded down to the whole number, times the single family and duplex residential fee.
The minimum monthly fee for a commercial/multiple property shall be not less than the monthly
fee for a single-family dwelling, and the maximum monthly fee shall be not more than $30.00.
D~. City streets, State highways, private streets with storm and surface facilities in
place meeting City standards, and other public or private owned properties or portions thereof
having their own NPDES permitted storm and surface water runoff facilities which do not
discharge to City facilities shall be exempt from the monthly charges set forth in this Section.
13.63.100 Private stormwater 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 the City since January 15, 1993 to install a private stormwater retention system
as a condition of the property's development or (2) has installed voluntarily since January 15,
1993 a private stormwater retention system serving the property and meeting City standards at
the time of installation, the City may at its sole discretion reduce monthly stormwater charges for
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the property pursuant to PAMC 13.63.090D 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 systems 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 in Title 13 PAMC.
13.63.110 Application for rate reductions - Appeal.
A_~. In order to qualify for exemptions or rate reductions set forth in PAMC
13.63.100 and 13.63.110, 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, except that for the year 2003 (To Be Determined) the property owner shall have
until March 31, 2003 (To Be Determined) to file the application.
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
13.63.100 and 13.63.110 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.
13.63.120 Billing and pawnent. The City shall bill stormwater utility service
accounts monthly and shall bill to property owners in the same manner as water and sewer. The
amount to be billed shall be included on the existing utilities bill as a separate line item. A
"stormwater only" billing will be sent to those property owners who are not current City utilities
customers. Utility rates and charges specified in this Chapter shall be the responsibility of the
owner in fee of any property chargeable for such service. Such charges shall be billed to the
owner in fee of the property served last made known to the City and to the last known address. It
shall be the duty of every property owner within the City to notify the office of the Finance
Director of the fact of ownership and the address to which billing should be made. Any purchaser
of property within the City shall notify the office of the Finance Director of the date of purchase
and the proper billing address immediately upon acquisition of such interest; provided, however,
that any owner in fee may designate another party to receive billing statements (such as a tenant),
if such owner shall do so in writing together with a waiver of notice of such bills or any liens for
delinquent accounts. This shall not relieve the owner from final liability for utility charges.
Owners of multiple contignous parcels within the City may apply to the Director of Public
Works and Utilities for consideration of consolidating the billing for such parcels.
13.63.130 Remedies.
A.._~. Termination of water service. The Director of Public Works and Utilities or
designee is authorized to terminate water service to any property owner, unless said water service
is received by a residential tenant, who fails to pay the stormwater 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.
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B~. Lien for delinquent charges - Interest. Pursuant to RCW 35.67.200 et seq.
the City shall have a lien for delinquent and unpaid stormwater charges. A stormwater 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 stormwater lien shall be in the manner provided by state law. Interest on the unpaid balance
shall be eight percent per annum or such rate as may hereafter be authorized by law.
C~. Other remedies. The City shall have all other legally available remedies for
enforcing and collecting delinquent and unpaid stormwater charges.
13.63.140 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 stormwater utility; provided, that the City shall first obtain permission to
enter from the owner or person responsible fbr 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 action 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 of inspecting, investigating or correcting such
emergency condition.
Section 2 - Severability. If any provisions 0fthis Ordinance, or its application to any
person or circumstances, is held invalid, ihe remainder of the Ordinance, or application of the
provisions of the Ordinance to other persons or circumstances, shall not be affected.
Section 3 - Effective Date. This Ordinance shall take effect five days following the
date of its publication by summary.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the day of September, 2002.
MAYOR
ATTEST:
Becky J. Upton, City Clerk
APPROVED AS TO FORM:
Craig D. Knutson, City Attorney
PUBLISHED:
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