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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.