HomeMy WebLinkAboutAgenda Packet 10/14/2003 UTILITY ADVISORY 001',4MITTEE
PUBLIC WORKS CONFERENCE ROOM
PORT ANGELES~ WA gB362
OCTOBER 1 4~ 2003
3:00 P.M.
AGENDA
I. CALL TO ORDER
II. ROLL 0ALL
III, APPROVAL OF MINUTES FOR SEPTEMBER ~, 2rl03
IV. LATE ITEMS
V. DISCUSSION ITEMS
A. 0OMPLETION OF 90 GALLON 0ONVERSION PROJECT
B. STORMWATER UTILITY FORHATION DRAFT ORDINANCE
REPDRT5
RAYONIER LEA~HATE (~UARTERLY)
VI. NEXT MEETING DATE - ~ET ~PEGIAL MEETING FDR NDVEMBER
(REGULAR HEETINB FALLB ON A HDLIDAY - VETERAN'S DAY)
VII. ADaDURNMENT
UTILITY ADVISORY COMMITTEE
Port Angeles, Washington
September 9, 2003
L Call to Order:
It was noted that Chairman Edckson would be delayed. Vice Chairman Campbell called the
meeting to order at 3:00 p.m.
II. Roll Call:
Members Present: Chairman Erickson (3:05), Councilmember Rogers, Councilman
Campbell, Dean Reed, Allen Bentley
Members Absent: None
Staff Present: Mike Quinn (3:15), Craig Knutson, Glenn Cutler, Scott McLain, Larry
Dunbar, Steve Sperr, Cate Rinehart
Others Present: Dick Goodman - KONP
Paul Lamoureux
III. Approval of Minutes:
Vice Chairman Campbell asked if there were any additions or corrections to the meeting minutes
of August 12, 2003. The deletion of the word" Export" on page three was requested. Allen
Bentley moved to approve the minutes as corrected. Councilmember Rogers seconded the motion,
which carried unanimously
IV. Discussion Items
A. Conservation Program Adjustments
Larry Dunbar, Power Resources Manager, indicated rebate expenses had been above what had been
originally forecasted and reductions to rebate levels had been made to reduce program expense. Rebates
for most improvements had been lowered by approximately 20% and staff would monitor the program to
ensure funding was available for the entire five year program period. There was a short discussion.
Information only. No action taken.
UTILITY ADVISORY COMMITTEE September 9, 2003
B. Fluoridation Update
Glenn Cutler, Director of Public Works and Utilities, reported the SEPA checklist was being reviewed
by the County and would then go to Community Development.
Information only. No action taken.
C. Letter To Washington Department OfFish And Wildlife
Stephen Sperr, Engineering Manager, pointed out the various issues being addressed in the new three
year lease proposal. Support of City operations on Morse Creek was the only new element to be
addressed. Other terms of the previous lease either remained in place or were removed as they were no
longer applicable. A discussion followed.
Councilman Campbell moved to recommend staff send the proposed lease to the Washington
Department of Fish and Wildlife and begin the negotiating process. Councilmember Rogers
seconded the motion, which carried unanimously.
D. Stormwater Utility
Glenn Cutler, Director of Public Works and Utilities, reviewed the process that had taken place thus far
acknowledging the changes to the draft ordinance originally submitted. There was a lengthy discussion.
Staff was directed to investigate a residential compliance rate reduction, refine the project list giving
greater weight to CSO reduction, and redraft the utility ordinance. These items are to be brought back
before the committee for review.
Information only. No action taken.
V.. Late Items
None.
VI. Next Meeting: The next meeting will be October 14, 2003.
VII. Adjournment: Thc meeting adjourned at 4:22 p.m.
Councilmember Erickson, Chairman Cate Rinehart, Administrative
Assistant
2
WASHINGTON, U.S.A.
UTILITY ADVISORY COMMITTEE MEMO
DATE: October 13, 2003
To: UTlLlTY ADVISORY COMMITTEE
FROM: Tom McCabe, Solid Waste Superintendent
SUBJECT: Residential Container Conversion
Summary: The Solid Waste Division completed a three-year project to give each resident their
own individual 90-gallon container on September of 2003. This project was approved by City
Council April 18, 2000.
Recommendation: Information only.
Background/Analysis: The conversion of City residents from 300 gallon to 90 gallon solid
waste containers was completed in September of 2003. The City purchased 3,755, 90-gallon
containers during the project. Total cost to purchase the containers was $166,355. The
completion of the conversion also accomplished a goal of the Clallam County Comprehensive
Solid Waste Management Plan. With the conversion we have seen an increase in the curbside
recycling (14%) and yard waste (4%) programs.
We have had a lot of positive comments about the program and found that the majority of
citizens are much happier having their own container and under their control. We are also able to
control the waste stream and educate individual violators on the proper disposal of materials.
The conversion to individual containers has also decreased the number of non-city residents from
illegally dumping their garbage in the 300 gallon City containers in the alleys.
N :\UAC~Final\CC90gallon conver sion.wpd
pORTANGELES
WASHINGTON, U.S.A.
UTILITY ADVISORY COMMITTEE MEMO
DATE: October 14, 2003
To: UTILITY ADVISORY COMMITTEE
FROM: Gary W. Kenworthy, PE Deputy Director of Public Works and Utilities/City
Engineer
SUBJECT: Stormwater Utility
Summary: Proposed Stormwater Utility ordinance and budget revisions have been made to
reflect direction provided at the September 9, 2003 UAC meeting.
Recommendation: Review the proposed ordinance and budget revisions' ' and provide' staff
with comments.
Background/Analysis: At the September 9, 2003 UAC meeting staff was given direction
regarding formation of the Stormwater Utility. In response to those suggestions the proposed
stormwater ordinance has been revised to eliminate all references to the DOE Stormwater
Management Manual for Western Washington and revise the purpose section of the ordinance to
provide an emphasis on a project based program. In order to reduce costs and minimize staff
effort in implementation of the utility it is proposed that the we have the County include the
Stormwater billing in the semiannual assessments for property taxes. The County's
implementation costs should be minimal and the administrative cost of 1.5 % is reasonable.
These costs will more than offset the City's anticipated billing and postage costs for this separate
billing. In addition it is proposed to not include additional eng/neering staff in the startup budget.
Emphasis will be on project design and construction management. This will reduce and/or
eliminate some non project oriented efforts toward the public education, outreach, participation,
and involvement in protection of water quality along with the promotion of sound development
policies and construction procedures listed under the purpose of the ordinance. Even with the
reduced effort it is recommended that these activities remain listed as part of the purpose to show
the City's intentions to address these areas to the extent that funding may allow. All the goals
listed under the purpose of the ordinance are listed under the minimum functional requirements
listed in the Federal Environmental Species Act (ESA).
In view of the reduced residential rate and capping of the non residential rates to ten times that of
the residential it is proposed to eliminate the rate reductions for improvements. The deduction for
low income and property owners will remain along with any Statewide legislated reductions
which exist now or in the future. Without additional staff it would also be difficult to review,
inspect, and evaluate appeals regarding existing stormwater improvements to qualify for rate
reductions.
The following table has been prepared to show the revised Stormwater emphasis.
2004 STORMWATER UTILITY BUDGET
ACTIVITY ORIGINAL PROPOSED REVISED
BUDGET BUDGET BUDGET
Operations & Maintenance* $85,000 $15,000 $15,000
Administration, Engineering, & Planning $95,000 $50,000 $10,000'*
(1.0 FTE) (0.5 FTE) (0.0 FTE)
Capital Improvements $85,000 $200,000 $240,000
Total Stormwater Funded Budget*** $265,000 $265,000 $265,000
* ESA training for field crews and supervisors.
** Includes estimated Clallam County costs for revenue collection setup (one time cost) and annual
administration fee of 1.5%. This will more than offset our estimated cost of postage and billing. No
additional City staff are proposed.
***Available funds after 8% Utility Tax
N:\UACkDcpDir~stormwater 1044 wpd
ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles, Washington, establishing a
stormwater utility, establishing a monthly stormwater utility charge,
designating adt,t,fi-~ 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 POR~T 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 AND 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 Ptan-Axtr~ Operation and Management
13.63.070 Transfer of prot>ertv
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 pawnent
13.63.130 Remedies
13.63.140 Inspections - Right of ent _ry - Emergency
13.63.005 Purpose. The purpose of this Chapter is to establish a storm and surface water
management program in order to accomplish the following goals:
A_~. to establish a Stormwater CFP and Small Project funding program for proiects
Which will:
1~. Protect nro~ertv owners Mia, cent to develo~int and developed land from
increased runoffrates, which could cause erosion of abutting property_;
2_. decrease drainage-related damage to pUblic and private property;
3_. maintain safe Cit~ streets and rights-of-way;
_4 minimize water quality degradation and control of sedimentation of
creeks, streams, ponds, and other water bodies; and
5_. r~reserve and enhance the aesthetic quality of waters;
B.~r. to promote sound development policies and construction procedures, which
respect and preserve the C~ty s watercourses,
CF. to provide public education, outreach, participation, and involvement in protection
of water quality
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 otherwise approved by the Director. (Ord. 2394 Ch. IV §1, 6/2/86)
13.63.020 Unpolluted Dischame 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. IV §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.
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 Plan-Adopted 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.xtated
13.63.070 Transfer of property. All equipment~ properties and property rights and
interests owned or held by the City~ however acquire& insofar as they relate to or concern storm
or surface water sewa~e, are hereby transferred to the stonnwater 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~ commerciak retaik 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 cleare& graded~ paved or compacted. Exclude& 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 1,20043 ~%'~ Be D¢;.~,,fiiicd), 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
rcs.l~ ~o,~.d~d do~,. ~,, ~h¢ ,-,h,,l~ .~,.~b¢~, 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 tha~ $30.00 ten
times the monthly fee for a single-family dwelling.
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.
A. In order t~ o_nali~ for exemnfions or rate reclnntiong set forth in PAMC 13.63.1 O0
13.63.120 Billing and pament. Stormwater utili~ fees shall be billed armually~x
Clallam CounW on behalf of the city in cQniunction with the c0unB"s property tax bill. Discounts
for Low-Income Senior Citizens and Disabled Citizens will be a~Dlied in accordance with
Chapter 13,20 of the PA/VIC. Stormwater utility fees billed pursuant to this paraexaph shall be
due and payable semiannually on the SalVe dates each year that the county's provertv tax bill is
due and ~avable, and shall be delinquent if not paid by the due date. All delinauent accounts
billed oursuant to this paragraph will be subject to.venaltv char~es same as those imposed for
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 wat;r service
shall not limit other remedies available to the City.
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 char~,es. A stormwater lien shall be
effective for ~t 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 eieht 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 delinauent and unpaid stormwater ch0xges.
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 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 anoears 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. Cublic or private, for the ~umose of inspecting, investigating or correcting such
emergency condition.
Section 2 - Severability. If any provisions of this Ordinance, or its application to any
person or circumstances, is held invalid, the 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 18tli. -day of November 2003.~.
MAYOR
ATTEST:
Becky J. Upton, City Clerk
APPROVED AS TO FORM:
Craig D. Knutson, City Attorney
PUBLISHED:
By Summary