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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