HomeMy WebLinkAbout2007-055 Stormwater Fees Changes; YMC Amendment 7.80.110, 7.80.120, 7.80.130, 7.80.140 ORDINANCE NO. 2007-55
AN ORDINANCE relating to the stormwater fees for the storm drainage and surface water
management utility; amending the annual base rate of the stormwater fee,
amending adjustments to stormwater fees and eliminating low- income
senior and disabled citizen credits; amending the billing procedure for
stormwater charges, amending specific textual references in the
stormwater code to more accurately reflect the parties subject to fee
payment; and amending Sections 7 80 110, 7 80 120, 7 80 130 and
7 80 140 of Chapter 7 80 of the City of Yakima Municipal Code to reflect
said fee, billing and textual amendments.
WHEREAS, the City Council has previously established a storm drainage and surface
water management utility through the enactment of Chapter 7 80 of the Yakima Municipal Code
( "YMC "), and
WHEREAS, the City, the County of Yakima, the City of Union Gap, and the City of
Sunnyside are pursuing a cooperative approach to regional stormwater drainage and surface
water management policies in order to meet state and federal stormwater requirements, and
WHEREAS, the City Council finds and determines that it is necessary and advisable to
amend the annual base rate for stormwater charges for the first two fiscal years (2008 -2009) in
order to provide adequate revenues to cover all costs allowable under applicable law that are
incurred by the utility for stormwater management; and
WHEREAS, the City Council has determined that in order to preserve a compatible,
consistent and functional fee billing system with and through Yakima County's tax collection
system it is not possible to incorporate fee credits for the low-income senior and disabled
citizens, and
WHEREAS, the City Council finds and determines that minor amendments to the
textual references within the stormwater ordinance are appropriate to more accurately identify
those parties responsible for the payment of the stormwater fees, and
WHEREAS, the City Council further finds and determines that it is necessary and
advisable to amend the stormwater billing procedures to provide a two -part payment
opportunity for ratepayers charged fifty dollars ($50 00) or more annually for stormwater
management costs, and
WHEREAS, the City Council finds and determines that adoption of this ordinance is in
the public interest; Now, Therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA.
Section 1 Section 7 80 110 of Chapter 7 80 of the City of Yakima Municipal Code is
hereby amended to read as follows
"7 80.110 Base Rate
The base rate shall be calculated to provide adequate revenues to cover all costs
allowable under applicable law that are incurred by the utility The City Council adopts
the annual base rate as twenty two dollars ($22 00) for 2008 and thirty five dollars
($35 00) for 2009
1
In years thereafter, the ongoing revenue requirements for the stormwater utility shall be
reviewed and the annual base rates shall be adjusted or maintained as needed The
frequency of adjustments to base rates thereafter shall be as required to ensure fair and
full funding of the program
Adjustments to stormwater user's fees as detailed in YMC 7 80 120 will automatically
be applied to commercial, industrial and institutional parcel classes in 2008 These
credits will sunset in one year unless proper documentation is received that verifies that
the parcels meet the conditions of the discounts For example, if a parcel contains its
stormwater runoff in a drywell, the drywell must be registered with the Department of
Ecology "
Section 2. Section 7 80 120 of Chapter 7 80 of the City of Yakima Municipal Code is hereby
amended to read as follows:
"7.80 120 Adjustments to stormwater user's fees.
Credits allowed under this section shall not be cumulative Except for the first -year
credit that will be given to all commercial, industrial, and institutional parcels, credits or
waivers must be granted by the engineer by October 15th of a given year in order for the
credit or waiver to be in effect for the following billing year Credits or waivers are not
retroactive to current or prior billings and are only in effect for the next billing year
Credits or waivers may be in effect for multiple future billing years, provided, that
ongoing qualifying criteria are met. The engineer will take such time as necessary to
process requests for credits or waivers in an orderly fashion.
(A) Credits for Qualified Stormwater Facilities The city council recognizes that some
parcel owners have constructed or will construct private on -site stormwater quality and
quantity mitigation facilities, which when properly operated and maintained will aid the
city in controlling the overall,effects of stormwater pollution. Parcels or portions of
parcels with facilities that meet one of the criteria listed below, to the engineer's
satisfaction, shall receive a reduction of twenty percent from the annual fee charged for
that portion of the site draining to such facilities.
(1) Any commercial /industrial /institutional parcel with a properly constructed and
maintained stormwater facility that meets or exceeds the design requirements of the
2004 Department of Ecology Stormwater Management Manual for Eastern Washington
or an equivalent design manual adopted by the city Owners of subsurface stormwater
infiltration systems shall provide evidence of compliance with the Washington State
Underground Injection Control Program in order to receive the credit.
(2) Any parcel that has an active and valid NPDES Industrial Stormwater Permit. A
copy of the permit and the stormwater pollution prevention plan (SWPPP) shall be
provided to the engineer
The property owner is responsible for providing all documentation necessary to
demonstrate compliance with the above requirements. Documentation shall be by a
licensed civil engineer with the state of Washington. In the event facilities or control
measures address only a portion of the total parcel, the credit will be applied to only that
affected portion The customer must maintain any water quantity and /or quality control
facility in accordance with Department of Ecology maintenance guidelines and
appropriate practice to ensure proper function and effectiveness of the facility
Commercial /industrial /institutional parcel owners receiving credits shall agree to allow
the city to periodically inspect the subject stormwater facilities. The city may request
documentation from facility owners to verify that proper maintenance has been
performed The city may notify owners in writing of maintenance needs or deficiencies
Failure to maintain the facilities within thirty days after written notice may be cause for
termination of the adjustment authorized by this section
2
(B) Credit for Rainwater Harvesting Systems Upon review and approval by the
engineer, owners of new or newly constructed commercial /industrial class buildings that
utilize a properly constructed and maintained permissive rainwater harvesting system
shall be eligible for a ten percent credit applied toward that portion of their stormwater
charge arising from the building upon which the system is used Customers desiring this
credit shall apply to the engineer and shall submit engineering design and operational
information as deemed necessary by the engineer to make their evaluation and decision
Rainwater harvesting and beneficial reuse of the runoff is found by the city council to
both reduce the burden imposed upon the system by the building by reducing runoff and
to also have other beneficial water quality effects such as reduced consumption of
potable water
(C) Waiver of Utility Fees for Certain Property The engineer shall waive stormwater
and surface water utility fees for a parcel falling within the following special categories of
property upon a showing that the parcel meets the following applicable criteria for so
long as the criteria are met.
(1) Fees shall be waived for city streets and street rights -of -way, since they act as
stormwater conveyance facilities during large floods The city streets fund also
contributes to the proper operation, maintenance, repair, improvement, and construction
of the street drainage system.
(2) Fees shall be waived for state of Washington highway rights -of -way, so long as
the state of Washington cooperates with the utility in the provision of services and
maintains, constructs and improves all drainage facilities contained within such rights -of-
way as required by the utility in conformance with all utility standards for maintenance,
construction and improvement hereafter established by the utility and so far as such
maintenance, construction and improvements shall be achieved at no cost to the utility
or to the city
(3) Fees shall be waived for municipal, county, and state and federal parks, fishing
areas, wildlife reserves, public trails and bike paths so long as their owners cooperate
with the utility in the provision of educational services and water quality control efforts
Fees shall be waived to the degree that such property owners offset the costs of the
utility to manage the burdens imposed by such parcels Parks, trails and bike paths have
minimal intensity of impervious development and provide opportunities for natural
resource education and development of an appreciation for water quality
(4) Fees shall be waived for all vacant/undeveloped parcels The city council
finds that such parcels generally have no improvements built on them, generate little
to no traffic, utilize no chemicals, and generally are in a natural state, thereby
imposing no burden upon the system and receiving no benefit from the utility's
services and facilities Information that a property categorized as vacant or
undeveloped is being used otherwise may result in a Toss of this waiver "
Section 3. Section 7 80 130 of Chapter 7 80 of the City of Yakima Municipal Code is hereby
amended to read as follows.
"7.80.130 Property tax payers to pay fees.
The property tax payer of each nonexempt parcel shall pay the stormwater user's fee
and charges as provided in this chapter Property tax payers seeking adjustments or
exemptions shall pay the full fee until such time that the adjustment or exemption is
granted by the city "
Section 4. Section 7 80 140 of Chapter 7 80 of the City of Yakima Municipal Code is hereby
amended to read as follows
3
"7 80 140 Billing procedures and penalties for late payment.
The charges as herein provided for shall be billed annually Annual stormwater
charges totaling less than fifty dollars ($50 00) shall be due and payable on or before the
thirtieth day of April of the billing year For annual stormwater charges totaling fifty
dollars ($50 00) or greater, the first half of the total charge shall be due and payable on
or before the thirtieth day of April of the billing year and the second half of the total
charge shall be due and payable on the thirty -first day of October of the billing year
Charges shall become delinquent thereafter if not paid. Finance charges and late
payment penalties for delinquent accounts shall not begin to accrue until January first of
the following year The owner of contiguous parcels having a single land use within the
categories designated in YMC 7 80 100 may receive a single billing for such parcels
Collection of delinquencies, interest, penalty, and costs of collection for delinquent
utility service charges provided for herein shall be charged interest on the delinquent
balance at the rate of five percent per annum, computed on a monthly basis. In addition
to any other remedies permitted by law, the city shall have a lien pursuant to RCW
Chapter 35 67, as currently enacted or hereinafter amended, for all delinquent service
charges, including interest thereon, against the real property for which the service
charges are calculated. Said lien shall have the superiority, and may be foreclosed upon,
as described in RCW Chapter 35 67, as currently enacted or hereinafter amended, or
other applicable law The engineer may excuse delinquencies of less than thirty days.
The city treasurer may use the services of a collection agency to collect delinquent
service charges in the manner and to the extent provided in RCW 19 16 500 as currently
enacted or hereinafter amended The collection agency fee shall be added to the
amount of the delinquent service charge.
Costs associated with the foreclosure of the lien, including but not limited to advertising,
title report, and personnel costs, shall be added to the lien upon filing of the foreclosure
action In addition to the costs and disbursements provided by statute, the court may
allow the city reasonable attomey's fees."
Section 5. If any section, subsection, paragraph, sentence, clause or phrase of this
ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect
the validity of the remaining portions of this ordinance
Section 6. This ordinance shall be in full force and effect 30 days after its passage,
approval, and publication as provided by law and by the City Charter
PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved this 20 day
of November, 2007
ATTEST David Edier, Mayor
City Clerk
Publication Date. 11 -23 -07
Effective Date 12 -23 -07
4
Questions and Answers Concerning the Stormwater Program
November 15, 2007
To City Council
From Dick Zais — City Manager
Dave Zabell — Assistant City Manager
Randy Meloy — Surface Water Engineer
Doug Mayo — Wastewater Manager
Chris Waarvick — Public Works Director
At the November 6, 2007 public hearing on the storm drainage and surface water
management utility ordinance several speakers made comments or had questions
Below is a listing of questions and answers to further your and the public's
understanding of the issues
Q Why not fund the Stormwater program by shifting costs from other City Divisions?
A. Implementation of a stormwater rate will correct an existing "cost shift" For the past
three years the cost of the stormwater program has been borne by Wastewater and
Streets These budgets have advanced the Stormwater program $1 3 million to begin
cleaning, mapping and assessing the storm sewer system Now that the NPDES Phase
II permit and UIC mandates are in effect, the City must comply with the minimum
requirements and will have to further increase spending to meet these requirements
Stormwater is an enterprise fund and as such requires a stable funding source to
implements its mission
There is a ratepayer expectation that when they pay their sewer bill the funds are used
to fund the sewer program All properties within the City are proposed to be assessed
for stormwater However not all properties within the City are connected to sanitary
sewer The storm sewer rate will correct an existing cost shift, the continuation of which
would not be appropriate
Q Why hasn't the City been maintaining the storm drain system?
A. The City lacked the staffing and resources to conduct a regular stormwater
maintenance program from within its existing resources. Given the City's budget
limitations and the lack of any mandates to force the issue, the City chose to provide
maintenance in emergency situations only With federal and state mandates now in
play, deferred maintenance is no longer an option It needs to be noted that certain
areas of the City, notably downtown, have received extensive drain box cleaning on a
three or four year cycle over the past ten years
Page 1 of 4
Q. The $18 rate is in the existing ordinance, why should it be changed?
A. Not withstanding that the OTAK report, related rate recommendations, and
ordinances in 2004, 2005 and 2006 (see attached) reference initial rates at $18 per
ERU, significant work has been accomplished, a value engineering study of the OTAK
report completed, a regional program established, and the NPDES and UIC regulations
have come into effect. With this progress, and information available, many of the
assumptions leading to the initial recommendations on rates, the $18 rate (and
subsequent $9 per year ramp over up the subsequent 4 years) are no longer valid To
assume the validity of these assumptions remain intact fails to recognize the progress
made, the permit mandates in effect, and effectively delays compliance with state and
federal law
As background, in late 2005, the City Council engaged with other local partners (RSPG)
to review the tasks, mandates, associated costs The record demonstrates that there
was an expectation that the initial rate and subsequent rates would likely change from
the OTAK recommendations This is not to say that the initial rate could not or should
not be $18, in fact that is one of the options under consideration The underlying theme
being that it was generally understood that the rates were in flux until the RSPG's work
was completed It should also be noted that the permits will be in their second and third
years in 2008 and the $18 rate was for work contemplated prior to or during the first year
of the permit cycle.
As a reminder, the original rates, established by ordinance in 2004, cite $18, $27 and
$36 rates for 2005, 2006 and 2007 respectively This schedule was a recommendation
of the OTAK report. Implementation was delayed to allow the City, Yakima County and
others to form the Regional Stormwater Policy Group (RSPG). The RSPG conducted a
value engineering study of the OTAK report to determine minimal compliance
requirements, estimate implementation costs, and explore regional opportunities The
conclusions of the RSPG efforts provide a much clearer picture of what a minimal
compliance program looks like and associated costs As noted above, the $18 rate was
a pre - permit introductory rate for 2005, with planned annual increases of $9 per year
Since 2005 over $1 3 million has been advanced from the Waste Water and Street funds
for stormwater related items, these funds must eventually be paid back.
The deferral of the rate was discussed in Council meetings in 2004, 2005 and 2006 The
October 18, 2005 Agenda Statement documents that stormwater program costs were
not clear and the RSPG would oversee a value engineering study to look at the program
The November 1, 2005 Agenda Statement seeks a deferment of stormwater fees due to
the establishment of the RSPG At this meeting Clarence Barnett, Central Washington
Homebuilders Association noted the $18 rate should be deleted for the present time as a
value engineering study was to be completed and then a new rate structure should be
reviewed and established by the City Council City Manager Dick Zais testified that that
the "ordinance could be amended at any time in the future once additional information
becomes known through the RSPG efforts" At Council's November 7, 2006 public
hearing, Dick Zais advised the City Council that he had visited with Mr Barnett on the
topic of stormwater rates and pointed out one rather significant factor, this being that
when the initial ordinance was enacted it included a phased in schedule of anticipated
rates that corresponded with the City's phased work program over a five year period,
Page 2 of 4
noting that "In light of the value engineering work that was done this year and the
anticipated cost reductions, those subsequent rate adjustments were eliminated,
keeping only the first tier rate until the study and RSPG work is complete and the actual
dollars that will be needed ultimately to fund this program are better known "
The November 7, 2006 Agenda Statement once again deferred stormwater fees and
notes the value engineering study is under way and that the degree of regional
cooperation between the surrounding cities and county will be better understood, along
with the program costs when the study is completed
Q Why is such a relatively large increase from 2008 to 2009 needed?
A. The driving factors for the increase are a stepped up work program (necessary to
meet mandates), reimbursement of Wastewater and Streets, equipment needs, and
capital program As noted in another question and answer, while the payback timing is
somewhat discretionary, the equipment and stepped up work program are necessary to
meet permit performance requirements 2009 mandates are to include staffing for the
illicit discharge and detection, construction, and post construction inspection programs
as well as beginning a capital program for UICs that present an imminent public health
hazard
Q If stormwater that falls on my property stays on my property, why am I charged a fee?
A. The point to emphasize is that the stormwater system is a public program that
benefits everyone in the City, and as such requires all property owners to contribute to
its maintenance and operation Business owners feel they are being unfairly targeted
because the fee is directly related to how much impervious area is on their property
They have stated that if they keep all of the stormwater that falls on their property on site
then they should not have to pay a fee What this argument does not take into account is
that by simply having a business they are causing more traffic to use the public streets to
reach their business This traffic deposits pollutants such as antifreeze, brake fluid,
brake lining, exhaust particles, oil, tire particles and transmission fluid onto the roadway
which is later washed into the storm drain system and ends up in our water bodies or
groundwater
The stormwater runoff is a public concern The systems in place to address runoff are
publicly owned Our homes driveways, buildings, parking lots, streets and other
impervious areas all contribute incrementally to a public problem that communities like
Yakima have been mandated to address The ERU method of charging for stormwater
is intended to be the best practical manner in which to assess properties for addressing
the runoff issue so that relative to impervious surface, there is equity between what a
small residential lot and a large commercial facility are charged
Q Is this a minimal program?
A. Yes. In 2007 the RSPG members formed a regional stormwater entity that will help
lower costs by having the County take on several tasks such as public education, permit
Page 3 of 4
reporting and administration The regionalization of these tasks creates an economy of
scale for the partners
The RSPG also conducted the value engineering study of the OTAK report that will
result in savings of more than $5 million over the five year permit cycle
There are two areas of the Stormwater budget that have some flexibility One is the
reimbursement of funds to Wastewater and Streets. City Attorney Ray Paolella stated
that while this money was not a formal loan or formal line of credit, there is an implied
assumption to repay and a duty to repay under the State Accountancy Act. There was
not a specific timeline for the repayment, though the Wastewater Cost of Service Study
assumes reimbursement of $250,000 /year beginning in 2009 The second area is the
Capital program The permits deal only with removing pollutants from stormwater and do
nothing to address local flooding issues Any projects that address flooding issues are
not required by the permits, but as stewards of the City we feel it is important that the
citizens who pay the fees get some relief from these chronic flooding problems
However, as noted above the UIC permit requires the City to spend Capital funds on
retrofitting those UIC's (drywells) that are an imminent threat to public safety in 2009
(there are potentially thousands of them) and the NPDES permit will ultimately require
the construction of stormwater retention facilities of some type at the outfalls located
along Wide Hollow Creek and other locations to treat the stormwater before it enters into
any body of water
Q. Why are City streets exempt?
A. The short answer is that the Street Division makes a significant contribution to the
stormwater program in that they are tasked with street cleaning and BMP activities
designed to improve water quality and prevent the introduction of sediments into the
public stormwater system In 2008 it is anticipated that the Street Division will invest
$425,000 for these activities
Secondarily, per city ordinance a public storm sewer system is defined as a conveyance,
or system of conveyances owned by a city having jurisdiction over disposal of
stormwater The stormwater system discharges into waters of the United States (this
includes groundwater as well as surface waters). Drywells, catch basins, inlets and
storm sewer pipe are all part of the publicly owned conveyance system that takes the
water from the roads and discharges it into either groundwater or surface water The
Storm Drainage and Surface Water Management Utility is charged with maintaining this
system, ergo the maintenance and inspection of drywells, catch basins, etc.
appropriately falls under the umbrella of the stormwater program
Page 4 of 4
Implementation of Federally Mandated Stormwater Program
November 15, 2007
To Interested Parties
From Dick Zais — City Manager
Randy Meloy — Surface Water Engineer
The City of Yakima formed a Stormwater Utility in 2004 to provide for and to fund
activities necessary to meet federally mandated stormwater permit requirements and
regulations These mandated requirements began in February 2006 when the
mandated Underground Injection Control (UIC) rule was adopted by the Department of
ecology, and further expanded on in February 2007 when the NPDES Phase 2 Permit
(Title 33 United States Code Section 1251 et seq.) cycle started. Implementation of the
intended financing mechanism for these programs has been deferred for the past three
years. The cost of stormwater related activities to date have been subsidized by the
City's Wastewater and Street Divisions. The City is approaching the third year of the UIC
program and second year of the NPDES permit. The requirements of these two
programs ramp over time, requiring the City to increase our efforts in these areas in
order to achieve and maintain regulatory compliance
Through several efforts, the City has spent considerable time and effort in determining
what minimal efforts required to comply with these mandated stormwater regulations In
2003 OTAK completed a report on implementation of a city -wide stormwater
management program Implementation of a city -wide stormwater fee has been
subsequently delayed as the City engaged in a collaborative effort with other valley cities
and Yakima County to explore altemative approaches A major part of that effort was
the cities of Yakima, Sunnyside, Union Gap and Yakima County establishing a working
group called the Regional Stormwater Policy Group (RSPG)
Given the history of this issue and potential impact of these state and federal mandates
on the community; participation, transparency and visibility were key priorities under the
leadership of RSPG Co- chairs Neil McClure and Mike Leita. As such approximately
seventeen well publicized and centrally located RSPG meetings were conducted and
televised on YCTV, the City's government access cable channel Public input of the
RSPG's work was encouraged and ultimately proved extremely valuable to the process
The RSPG's first major effort involved conducting a Value Engineering (VE) Study of the
OTAK Report, which was conducted by HDR and commenced in 2006 Included in this
effort was an analysis of the updates to the NPDES Stormwater Discharge Permit.
Several of these updates served to delay implementation and impact of Permit
requirements Under the guidance of the RSPG, the VE Study entailed a thorough
analysis of the efforts mandated through the NPDES permit and which of those tasks
would be beneficial to regionalize and which tasks should appropriately remain the
Page 1 of 4
responsibility of the respective agencies The VE Study results were presented with a
PowerPoint presentation at the April 3, 2007 Council meeting
In July 2007, a regional stormwater entity was formalized through an Interlocal
Agreement (ILA) between the RSPG cities and County Yakima County was identified
as the Lead Agency of this regional group The regional stormwater entity is a creation
of the RSPG and is formalized through the ILA. While the individual agencies remain
responsible for their publicly owned stormwater infrastructure, the County will take on
several tasks such as public education, permit reporting, and administration The
regionalization of these tasks creates an economy of scale for the partners.
With the culmination of these various efforts, the City's RSPG representatives, Council
Members McClure and Lover, with the assistance of city staff, have assembled financing
and rate options for the stormwater program. In summary those options are as follows:
Option A
No Action - The stormwater rate would remain at $18 /ERU and go into effect
January 1, 2008 per the existing ordinance. This would sufficiently fund year three
UIC and year two NPDES activities at a level meeting the minimum requirements.
This rate would not however provide for any level of reimbursement for prior
Wastewater and Street subsidies, or generate any significant funds toward needed
capital improvements. Rates would have to see dramatic increases in subsequent
years to meet permit requirements.
Program Elements 2008
Expenditures.
Regional Management (County) $225,082
Annual Billing to Yakima County $30,000
FTEs and BMPs $528,044
Equipment $60,000
Capital Program $20,000
Reimburse Streets $0
Reimburse Wastewater $0
Reserves (initial) $869
Total Program Expenses $864,000
Revenues:
Proposed Rate (Annual) $18.00
Proposed Rate (Monthly) $1.50
Projected Revenue $864,000
.Available for Capital /Reserves $0
Option B
Flat Rate Proposal — Repeal the $18 /ERU rate and establish a three -year flat rate of
$35 /ERU for 2008, 2009 and 2010. This rate would sufficiently fund the mandated
regulatory requirements of the UIC and NPDES laws over the next three year
permit horizon. As proposed, repayment of the prior subsidies from Wastewater
and Streets would be delayed until 2009, and would then continue for the next
Page 2 of 4
several years. Significant dollars would be generated to establish a robust
Stormwater Capital Program of $200,000, $350,000, $600,000 in years 2008, 2009
and 2010 respectively
Program Elements 2008 2009 2010
Expenditures:
Regional Management (County) $225,082 $222,458 $250,000
Annual Billing to Yakima County $30,000 $30,000 $30,000
FTEs and BMPs $528,044 $772,285 $796,354
Equipment $60,000 $100,000 $100,000
Capital Program $200,000 $350,000 $600,000
Reimburse Streets $0 $25,000 $25,000
Reimburse Wastewater $0 $250,000 $250,000
Reserves (initial) $1,874 $50,000 $50,000
Total Program Expenses $1,045,000 $1,799,743 $2,101,354
Revenues.
Proposed Rate (Annual) $35.00 $35.00 $35.00
Proposed Rate (Monthly) $2.92 $2 92 $2.92
Projected Revenue $1,680,000 $1,722,000 $1,765,050
Available for Capital /Reserves $636,874 $609,131 $322,287
Option C
Graduated Rate Proposal - Repeal the $18 /ERU rate and establish a rate schedule
providing for a 2008 rate of $22/ERU and increasing the annual rate to $37
effective January 1, 2009 Similar to the Option B this proposal would sufficiently
fund the mandated regulatory requirements of the UIC and NPDES laws over the
next three year permit horizon. As proposed, repayment of the prior subsidies
from Wastewater and Streets would be delayed until 2009, and would then
continue for the next several years. Significant dollars would be generated to
establish a robust Stormwater Capital Program, though less than what is
projected under Option B.
Program Elements 2008 2009
Expenditures:
Regional Management (County) $225,082 $222,458
Annual Billing to Yakima County $30,000 $30,000
FTEs and BMPs $528,044 $772,285
Equipment $60,000 $100,000
Capital Program $200,000 $350,000
Reimburse Streets $0 $25,000
Reimburse Wastewater $0 $250,000
Reserves (initial) $1,874 $50,000
Total Program Expenses $1,045,000 $1,799,743
Revenues:
Proposed Rate (Annual) $22.00 $37 00
Proposed Rate (Monthly) $1 83 $3 08
Projected Revenue $1,056,000 $1,820,400
Available for Captial /Reserves $12,874 $70,657
Page 3 of 4
Option D
Graduated Rate Proposal — Leave the $18 /ERU rate in place for 2008 and establish
a rate schedule providing for a 2009 rate of $27 /ERU and increasing the annual
rate to $37 for 2010. This option would sufficiently fund the mandated regulatory
requirements of the UIC and NPDES laws over the next three year permit horizon.
As proposed, repayment of the prior subsidies from Wastewater and Streets
would be delayed until 2010, and would then continue for the next several years.
Program Elements 2008 2009 2010
Expenditures:
Regional Management (County) $225,082 $222,458 $250,000
Annual Billing to Yakima County $30,000 $30,000 $30,000
FTEs and BMPs $528,044 $772,285 $796,354
Equipment $60,000 $100,000 $100,000
Capital Program $20,000 $200,000 $364,556
Reimburse Streets $0 $0 $25,000
Reimburse Wastewater $0 $0 $250,000
Reserves (initial) $874 $0 $50,000
Total Program Expenses $864,000 $1,324,743 $1,865,910
Revenues:
Proposed Rate (Annual) $18.00 $27 00 $37.00
Proposed Rate (Monthly) $1 50 $2.25 $3 08
Projected Revenue $864,000 $1,328,400 $1,865,910
Available for Capital /Reserves $874 $3,657 $50,000
The implementation of this program and the attending rates are a Council public policy
issue. The information contained in this packet describes the different funding options in
much greater detail as well as other information about the Stormwater program in
general and forms the basis of the proposed recommendations. We anticipate this
information will be critical as you consider public input at the November 20, 2007 public
hearing and deliberate on this complex issue
Page 4 of 4
TABLE 2 - OPTION D
CITY'S STORMWATER PROGRAM
2008 - 2010 Budget Proposal
Program Elements 2008 2009 2010
Option D (see footnote 1) (see footnote 1)
Expenditures:
Regional Management (County) $225,082 $222,458 $250,000
Annual Billing to Yakima County $30,000 $30,000 $30,000
FTEs and BMPs $528,044 $772,285 $796,354
FTEs (SEE TABLE 3) 5 46 8 96 8 96
Equipment $60,000 $100,000 $100,000
Capital Program $20,000 $200,000 $364,556
Reimburse Streets (SEE TABLE 4) $0 $0 $25,000
Reimburse Wastewater (SEE TABLE 4) $0 $0 $250,000
Reserves (initial) $874 $0 $50,000
Total Program Expenses $864,000 $1,324,743 $1,865,910
Revenues:
Average ERU $18 00 $26 93 $37 00
Proposed Rate (Annual) $18.00 $27 00 $37 00
Proposed Rate (Monthly) $1 50 $2.25 $3 08
ERUs 48,000 49,200 50,430
Projected Revenue $864,000 $1,328,400 $1,865,910
Savings /(Loss) $0 $3,657 $0
Reserves (final) $874 $3,657 $50,000
Footnote 1 The budget projections for 2009 and 2010 are estimates based upon the assumption that
a rate of $28 per ERU for 2008 was used A lower rate for 2008 may cause future rate increases to be
more severe as minimal compliance would require a more accelerated program.
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
1 L Cll l L 4 V
For Meeting of November 23, 2004
ITEM TITLE. Public Hearing on Legislation Creating a Stormwater Utility
and a Request for Action
SUBMTI°l "ED BY Chris Waarvick, Director of Public Works
CONTACT PERSON /'TELEPHONE. Brett Sheffield, P.E.
Surface Water Engineer, (509) 576 -6797
SUMMARY EXPLANATION
This Pubhc Hearing is to present a Joint Stormwater Utility Ordinance between the cities
of Yakima and Union Gap and Yakima County that creates legislation that would
establish a Storm Drainage and Surface Water Management Utility ( Stormwater Utility)
The purpose of the Stormwater Utility would ultimately be to provide for compliance
with State and Federal environmental law by providing stormwater programs and other
services, stormwater facilities, and a funding source for the utility's revenue
requirements. The Department of Ecology has stated that it is their intention to include,
along with the mandates of the Clean Water Act, requirements denved from the Safe
Drinking Water Act (UIC), Endangered Species Act (ESA), and water cleanup plans
(TMDLs) pertaining to stormwater into the general pernut. Therefore, the proposed
(Continued on Page Two)
Resolution Ordinance X Other (Specify) Attachments
Contract Mail to (name and address)
Phone.
Funding Source Interfund loan f005
APPROVED FOR SUBMITTAL. City Manager
STAFF RECOMMENDATION Staff respectfully requests that Council. A) conduct
the Public Heanng on November 23, 2004 reviewing the proposed joint legislation
establishing a Stormwater Utility and associated fees, and B) for Council to adopt the
ordinance as presented with the fee schedule beginning in 2006
BOARD/ COMMISSION RECOMMENDATION
COUNCIL AC:l ION
Page Two
Stormwater Program and Utility mandated by state and federal law intends to address all
_ _
— of these reou_Lretnents
After receiving direction from - Council in September 2004, staff created a Joint
Stormwater Utility Ordinance with Yakima County and the City of Union Gap to the
degreepossible given current state 1law
This agenda packet includes
• A memorandum from Konrad Liegel of Preston, Gates and Ellis,
• The Joint Stormwater Utility Ordinance,
• Comments received during the Public Hearing process and associated responses,
and
• A CD containing the Stormwater Management Manual for 'Eastern Washington
(SMA/IEW), and copies of the :einails from the Department of :Ecology -(DOE)
announcing the pilblication.of the final version of the smr.myv,
• An email from Bill Moore of the DOE addressing the timmg of the.:impendmg
National Pollutant Discharge Elimination System (NPDES) Phase IT Stormwater
Permit. -
Copy of the Notice of Intent filed by the City in March 2003 to apply for the
NPIDES Phase ripen:rut once-it is ayailable.
• Copy of the .Council:Decisions regarding the Stormwater Policy Elements.
The memorandum from Konrad Liegel describes the legal: basis and cuirent,lurutations
for full regionalization of a stormwater utility between Yakima County and the cities
and the necessary steps that need to be talcenifdiTaChieVirig fulkregionalization.
The joint .ordthance was created so as many aspects of the .stormwater management
program would be the same as possible, initially, throughout the Yakima Valley so that
the program-would reflect the ---desired ; regional approaCh. This addresses the
suggestion heard many times d the public ;hearings. Other -changes made to the
ordinanCe aSa result public comment include:
• Establishing utility rates for only the first three years of the utility as , opposed to
the first five years. Rates are $18/year per ERU iri year 1, .$27/year per ERU m
year 2, and '$36/year per ERU in year 3,
• The definition of stormwater was Changed to match the definition provided in
the Stormwater Management Manual for Eastern Washington,
• Minor verbiage changes to make it read more easily; and
• Delaying the date that stormwater fees go into effect within the City of Yakima
until January 1, 2006 to more closely align with the issuance of the NPDES Phase
Page Three
II permit - yet still offer some protection from third party liability under the
Clean Water Act.
Public comments were given and /or written comments were received at the City of
Yakima Stormwater Utility Public Hearing on May 18, at the Board of County
Commissioner's Stormwater Utility Public Hearing on May 24, at the Joint Stormwater
Utility Public Hearing on June 1, and the August 17 City of Yakima Stormwater Public
Hearing Although some of the comments about the County's proposed utility do not
necessarily pertain to the City, there are enough overlapping elements that they are
included as a part of this packet.
On September 29, the Department of Ecology sent out an email stating that the
Stormwater Management Manual for Eastern Washington (SMMEW) was being
prepared for final printing. This email was followed with an October 25 email stating
that the SMMEW was available on Ecology's website. The City received its
complimentary copy of the SMMEW during the first week of November A CD
containing the SMMEW is included with this packet.
Chris Waarvick requested from Bill Moore information related to the timing of the
Phase II permits. His response is included. It appears that the final Eastern
Washington Phase II permit will be published near the end of 2005, at which time we
will need to submit an application. The first five -year permit cycle begins when we
send in our application.
The Notice of Intent (NOI) that was filed with the Department of Ecology lists many of
the elements that will need to be incorporated into our stormwater management plan.
Additional required elements have been listed in the Model Municipal Stormwater
Program for Eastern Washington.
During the first half of this year, Council met to discuss, review and eventually decide
on various policy issues surrounding the proposed stormwater utility The attached
spreadsheet shows the issues and Council's decisions.
The City of Uruon Gap is going to have a Public Hearing on the proposed Joint
Stormwater Utility Ordinance on November 22, 2004.
The Board of County Commissioners has recently elected to postpone their decision
with regard to formation of a Stormwater Utility until further public participation and
recommendations of a yet to be established "citizen task force." Although this could
also be an option for the City, it must be considered very carefully At two different
times (mid 1990s and recently), the issue of funding a stormwater management
Page Four
I
program to meet federal and state mandated regulations has been studied by joint City -
County planning efforts. Both times, the recommendation has been to establish a
stormwater utility with about the same rates (1990s -$6 /month per ERU, Recently-.
phase in rates beginning at $1.50 /month per ERU up to $4.50 /month per ERU over
several years) Over $1 million have been spent on these two studies. Any additional
studies will require more money that we do not have currently, with most likely the
same or very similar results unless state or federal law changes.
Recent citizen -based lawsuits have been brought upon Washington cities (Bellevue and
Vancouver) stating that they are in violation of the Clean Water Act because they are
discharging stormwater to surface waters without a permit. Even though the
Department of Ecology, which has primacy over water quality issues for the State of
Washington, has yet to provide a permit for Phase II communities to seek coverage
under, the lawsuits would be based on the Environmental Protection Agency (EPA)
deadline of March 10, 2003 After hearing of this, Yakima approached the Department
of Ecology (DOE) with the request that DOE indemnify the City of Yakima during the
period of federally required compliance with the Phase II regulations and the actual
issuance of the permit. DOE's response was that the State is not in a position to do this,
and this is consistent with past DOE discussions on this topic. Accordingly, there is
potential exposure to third party litigation and liability to communities based upon the
EPA regulatory deadline, in the absence of any formal action to irutiate compliance
efforts.
Recommendations
Staff respectfully requests that Council. A) conduct the Public Hearing on November 23,
2004 reviewing the proposed joint legislation establishing a Stormwater Utility and
associated fees; and B) for Council to adopt the ordinance as presented with the fee
schedule beginning in 2006
Approving the stormwater ordinance as presented with fees beginning in 2006 for the
mandated stormwater management program demonstrates to the public, DOE and EPA
that Yakima is preparing to comply with the forthcoming permit; thus reducing
potential liability exposure, yet being sensitive to the timing of the fees required to start
compliance in earnest.
Therefore, if Council desires to approve the staff recommendations above, the
Stormwater Policy Issue (b) (minimal stormwater activities) in the 2005 Preliminary
Budget would be amended to reflect the passage of the ordinance. While the ordinance
creating the utility would be approved, fees would not be implemented until 2006 and
$172,000 would be borrowed from the Wastewater Division in 2005 to support minimal
program activities.
Page Five
Since fees will not be billed nor collected until 2006, Inter -Local Agreement #2, which
provides for Yakuna County to bill and collect the fees for the City, can come at a later
date
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No /1 I J
For Meeting of October 18, 2005
ITEM TITLE. Set date of Public Hearing for 2:00 pm on November 1, 2005, in City
Council Chambers to consider legislation deferring Stormwater Utility
fees
SUBMi 1 1 BY Chris Waarvick, Director of Public Works
CONTACT PERSON/TELEPHONE. Brett Sheffield, P.E.
Surface Water Engineer 509 /576 -6797
SUMMARY EXPLANATION
This action would set November 1, 2005 as the date for a Public Hearing regarding legislation to defer
implementing Stormwater Utility fees until January 2007 Although Council approved the stormwater
utility ordinance last year, which would implement stormwater utility fees in January 2006, two general
concerns voiced by the public were: 1) the program and costs are not understood, and 2) a consohdated,
regional approach could reduce redundancy of effort and be more efficient. In response to this, a
regional stormwater policy group (RSPG) has been formed consisting of elected officials from Yalama,
Yakima County, Umon Gap, Moxee and Surmyside. One of the first t2cira to be performed by the RSPG
will be to oversee a Value Engineering Study of the cu rent draft of the stormwater management
)1 program. Since this review of the proposed program will not happen until next year and the general
permit will not be issued until at least June of 2006, staff recommends defemng fees until January 2007
Resolution Ordinances X Other (Specify) Public Hearne Set Date: Consolidation Report Excerpts
Contract Mail to (name and address) : Phone:
Funding Source:
APPROVED FOR SUBMITTAL. � a City Manager
STAFF RECOMMENDATION Staff respectfully requests the City Council to set
November 1, 2005, as the date of Public Hearing to consider legislation delaying the charging
of Stormwater Utility fees.
BOARD /COMMISSION RECOMMENDATION
COUNCIL ACTION November 1, 2005 was set as the date of public hearing.
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No
For Meeting Of November 1, 2005
ITEM TITLE. A) Public Hearing on Legislation deferring Stormwater utility fees,
B) Council action on ordinance amending and deferring
Stormwater utility fees, C) Resolution authorizing execution of
Interlocal Agreement with Yakima County and the cities of Union
Gap, Sunnyside, Moxee and Yakima for continued cooperation in
planning for regional Stormwater compliance, and D) Resolution
approving submittal of Stormwater Grant Application from the
Washington State Department of Ecology
SUBMITTED BY Chris Waarvick, Director of Public Works
CONTACT PERSON/TELEPHONE. Brett Sheffield, 576 -6797
SUMMARY EXPLANATION
(A and B) This Public Hearing concerns an ordinance deferring stormwater utility fees until
January of 2007 Last November, Council approved ordinance number 2004-73, which
established a stormwater utility This ordinance stipulated that stormwater fees would begin in
January of 2006 Due to continued efforts to establish a regional stormwater management
plan with the County and adjacent cities, and expectant mid -year 2006 arrival of the National
\\ Pollutant Discharge Elimination System (NPDES) Phase II eastern Washington general
permit, staff recommends that the City defer imposition of these fees until January 2007
(continued on next page)
Resolution 2 Ordinance 1 Other (Specify)
Contract Mail to (name and address)
Phone
Funding Source
APPROVED FOR SUBMITTAL. '� �� City Manager
STAFF RECOMMENDATION: Staff respectfully requests that Council. A) conduct the Public
Hearing on November 1, 2005 deferring stormwater utility fees until January 2007, B) adopt
the Stormwater utility ordinance amendment as presented, C) approve the resolution
concerning the Interlocal Agreement with other local jurisdictions to apply for a special
partnership grant from Ecology; and D) approve the resolution concerning the joint Ecology
grant application.
BOARD /COMMISSION RECOMMENDATION
COUNCIL ACTION
Page Two
At that time, the requirements of the stormwater management plan will be more clearly
defined and the degree of regional cooperation will be more fully understood.
(C and D) Through the 2005 state legislature, the Department of Ecology has $2.7 million in
grant money available to help Phase II communities start their stormwater management
programs Ecology decided to allocate $75,000 each to the 32 jurisdictions that they
determined to be the most economically challenged. The cities of Yakima, Union Gap and
Sunnyside are included in the list of 32. Yakima County is not. In an effort to obtain an
additional $75,000 of funding for the regional Yakima area, the cities of Yakima, Union Gap,
Sunnyside and Moxee and Yakima County propose to apply for a special partnership grant,
with Yakima County acting as the lead agency for this grant. The Department of Ecology
indicated that some form of agreement between the parties of the joint grant application is
necessary to accompany the grant application. Once and if approved, Ecology would
negotiate further the particulars of the grant in more detail than contained in the application.
The Regional Stormwater Policy Group (RSPG), which consists of elected officials from
Yakima County and the cities of Yakima, Union Gap, Sunnyside and Moxee, have met three
times over the last two months The attached Interlocal Agreement and joint grant application
are direct products of this regional cooperation. Two items of note are 1) the joint grant
application also requests an additional $200,000 of discretionary funds, since the regional
program to be developed could be used as a template for other groups of phase II
communities, and 2) if Ecology doesn't select our joint grant application, the City would still
receive its $75,000
BUSINESS OF THE CITY COUNCIL
YAKIM.A, WASHINGTON
AGENDA STATEMENT
Item No a
For Meeting of November 7, 2006
ITEM TITLE. A) Public Hearing on Legislation deferring Stormwater utility fees, and
B) Council consideration of an ordinance amending and deferring
Stormwater utility fees
SUBMITTED BY Chris Waarvick, Director of Public Works
CONTACT PERSON/TELEPHONE. Brett Sheffield, P.E.
Surface Water Engineer 509/576 -6797
SUMMARY EXPLANATION
(A and B) This Public Hearing concerns an ordmance deferring stormwater utility fees until January
2008 In anticipation of new stormwater regulations, Council approved the stormwater utility ordinance
in 2004 with the scheduled collection of fees to begin in 2006 Last year, the Council voted to defer the
collection of stormwater utility fees until 2007 The Regional Stormwater Policy Group, consisting of
elected or authonzed representatives from Yakima County, Umon Gap, Moxee, Sunnyside and the City
of Yakima have been meetmg ever since. Using a Department of Ecology grant, a Value Engineenng
study of the currently proposed stormwater plan has been engaged, and significant progress has been
made in evaluating the plan and reducing associated costs.
Due to continued efforts to establish a regional stormwater management plan, staff recommends that the
I City defer imposition of these fees until January of 2008. At that time, the degree of regional
l cooperation between the surrounding cities and county will be better understood, along with the program
costs. The base rate of the ordinance has been modified to only show how the beginning rate
Resolution Ordinances X Other (Specify)
Contract Mail to (name and address) Phone
Funding Source:
APPROVED FOR SUBMITTAL. ( -- - ? -,� ‘ City Manager
STAFF RECOMMENDATION Staff recommends that the City Council A) hold the Public
Hearing; and B) subsequent to the public hearing and any public comment and deliberation,
act by ordinance to defer collecting Stormwater Utility Fees until January, 2008
BOARD /COMMISSION RECOMMENDATION
COUNCIL ACTION Ordinance passed. ORDINANCE NO. 2006 -55
Storm Water meeting Page 1 of 2
Meloy, Randy
From: Meloy, Randy
Sent: Wednesday, November 07, 2007 1011 AM
To: 'admin@fairfun.com'
Cc: Zais, Dick
Subject: FW Storm Water meeting
Importance. High
Greg
Dick Zais asked me to reply to your questions sent by e-mail 11/6/07 concerning stormwater
The public hearing was well attended Citizens speaking about the issue included Bill Wheeler, Mike Morrisette,
Trent Marquis, Brad Christianson and Clarence Barnett.
1) I would like to keep the initial rate at the original $18 with the idea of getting into a new
program slow and easy Several of the speakers shared your sentiment on this. As you know
there are several rate options being considered with different rates and for varying numbers
of years. Council will debate the issue further at the November 20 Council meeting.
2) I have to wonder why there is $500,000 maintenance for drywells when in my mind they should
be under the Road maintenance's budget A storm sewer system is defined as a conveyance, or
system of conveyances owned by a city having jurisdiction over disposal of stormwater that
discharges to waters of the United States (this includes groundwater as well as surface
waters). brywells, catch basins, inlets and storm sewer pipe are all part of the conveyance
system that takes the water from the roads and discharges it into either groundwater or
surface water The Storm Drainage and Surface Water Management Utility is charged with
maintaining this system. Using this logic one can see how the maintenance and inspection of
drywells, catch basins, etc. would fall under the umbrella of the stormwater program. The
Street Division does their part to improve water quality and stormwater by cleaning the streets
and has budgeted $425,000 in 2008 for these activities
3) Another option is to go to $35 - $37 rate and cap it at $5000, sort of a bulk discount In 2004
the City Council debated the idea of placing a cap on the maximum amount that a business will
pay, regardless of the number of ERU's they have. The City Legal Department informed us
there can be no cap placed on a fee. This is different from a tax, which can have a cap After
debating this issue the Council voted unanimously to not have a cap
If you have any further questions or if I may be of assistance, please do not hesitate to call
Randy Meloy, PE
Surface Water Engineer
City of Yakima
11/15/2007
COUNCIL INFORMATION
Implementation of Federally Mandated Stormwater Program
and Financing Plan
November 6, 2007
To Honorable Mayor and City Council
From Councilman McClure, RSPG Co -chair
Councilman Lover RSPG Member
History:
Subsequent to a public hearing held on May 18, 2004 the Yakima City Council adopted
legislation establishing a Stormwater utility and rates The rates presented in that
legislation were supported by the findings and conclusions of the 2003 OTAK Report.
Implementation of a city -wide stormwater rate has been subsequently delayed as the
City engaged in a collaborative effort with other valley cities and Yakima County to
explore alternative approaches to achieving compliance with mandated and evolving
water quality requirements A major part of that effort was the cities of Yakima,
Sunnyside, Union Gap and Yakima County establishing a working group called the
Regional Stormwater Policy Group (RSPG)
The RSPG's first major effort involved a Value Engineering (VE) Study of the OTAK
Report, which was conducted by HDR and commenced in 2006. Included in this effort
was an analysis of the updates to the National Pollutant Discharge Elimination System
(NPDES) Stormwater Discharge permit. Several of these updates served to delay
implementation and impact of permit requirements Under the guidance of the RSPG,
the VE Study entailed a thorough analysis of the efforts mandated through the NPDES
permit, which of those tasks would be beneficial to regionalize and which tasks should
appropriately remain the responsibility of the respective agencies
During the course of the study, in February 2007, the City received its stormwater
NPDES Permit (Item 14 in appendix) This started the clock on what is known as the
6 +2 requirements In July 2007, a regional stormwater entity was formalized through an
Interlocal Agreement (ILA) (Item 11 in appendix) between the RSPG cities and County
Yakima County was identified as the Lead Agency of this regional group The regional
stormwater entity is a creation of the RSPG and is formalized through the ILA. While the
individual agencies remain responsible for their publicly owned stormwater
infrastructure, the County will take on several tasks such as public education, permit
reporting, and administration, the regionalization of these tasks creates an economy of
scale for the partners. Each member is to reimburse the County for these regional
efforts Cost allocations were established based upon consideration of factors including
population, area and infrastructure within the respective jurisdictions The City has 86%
of all storm drain pipe, 87% of all catch basins and 95% of all dry wells within the region
(see Table 5) The City's allocation of the Regional effort is 70 %, to be paid to the
County each year
Page 1 of 7
While the County is the lead and responsible for several mandated items including
submission of the Annual Report, also described in the VE report and the ILA is what is
called the "Cost of Admission" for each member Responsibilities and obligations that
remain for each member include all work related to existing infrastructure such as
mapping, cleaning, and assessment and all capital improvement projects Due to limited
resources the City has been unable to properly maintain its existing stormwater
infrastructure and little has been done to relieve site - specific flooding situations
We are now well into the first year of the NPDES Permit cycle (permit issued February
16, 2007 — Item 14 in appendix) and in the second year of the Mandated Underground
Injection Control (UIC) program (mandated DOE rule adoption February 3, 2006 — Items
15 and 16 in appendix) As noted above, the financing mechanism for this mandated
program has been deferred for three years. The City's Wastewater Utility has supported
a sub - minimal exploratory effort toward the stormwater program's requirements With
federal mandates now in effect and the need to comply with the Washington State
Accountancy Act it is time for this program to expand to a level that will meet minimum
permit requirements and to be financially self- sufficient.
On a related topic, Yakima County is presently considering legislation on an ordinance to
create a County Stormwater Utility to serve the unincorporated portions of the County
within the urbanized areas, and plan on bringing this to a vote of the County
Commissioners by the end of the year City staff attended a recent County study session
concerning their ordinance One option the County is considering is to charge $0 for
2008, $15 for 2009 and $29 for 2010 Their proposed expenditures for 2008 are
$193,000 and will be covered using existing resources and grants Their plan does not
include a Capital Program for this three year period Waivers will be granted only for
County and State roads and facilities Credits for businesses and for rain harvesting are
identical to the City of Yakima ordinance The County does not intend to provide credits
to low income seniors or low income disabled persons. For residential dwellings every
single family residence will be charged one Equivalent Residential Unit (ERU)
Commercial /industrial is the same as ours with the total impervious surface being
divided by 3600 square feet. Agricultural lands vary and the County has developed a
rate table based on size of parcel The City does not have Agricultural zoning to
determine ERU charges
Policy Directions and Assumptions.
in preparation of this report and the following financial considerations, the following
policy decisions and assumptions were considered,
1 Self - Sufficient Enterprise Fund - The Storm Drainage and Surface Water
Management Utility, created by council through Ordinance 2004 -73 is to be a
self- supporting enterprise fund, required to generate revenues through user fees
rather than from property taxes or other utility or non - utility sources.
2 Waivers and Exclusions - The basis for waivers, credits and exclusions are from
Council policy decisions of March 16, 2004 (Item 4 in appendix)
3 Compliance with Federal Mandates - The City, through its Stormwater Utility, will
meet its mandated NPDES permit requirements
Page 2 of 7
4 Regional Cooperation - The City intends to remain a party to the "regional"
program lead by Yakima County
5 Capital Improvement Needs — Rates should be set to generate sufficient revenue
to begin a modest capital program to meet mandatory system improvements and .
to correct system deficiencies causing localized flooding and property damage
6 Washington State Accountancy Act — The City will comply with the Act in the
management of this Utility The stormwater financing plan should be designed to
reimburse the Street and Wastewater Divisions for their past subsidy of
stormwater related activities
Financial Considerations.
An analysis of the costs required to carry out the minimal stormwater program for 2008
under the City's NPDES Phase II Permit, UIC regulations, and local expectations was
completed A comparison of these costs to what could be done using the rate in the
existing ordinance is included in this packet - see Table 2. The major expenditure
categories can be broken up into six areas
1) Regional Management— Per the ILA, Yakima County is the lead for the Regional
Stormwater Policy Group and they have indicated their estimated budget for
2008 is $322,000 The City of Yakima will pay 70% of this amount = $225,000 In
addition, Yakima County is poised to provide billing services to the City
2) FTEs and Local BMPs — the City's Stormwater program has budgeted 5 46 FTEs
for 2008 to continue developing the stomiwater management program and to
implement local best management practices such as mapping, assessing, and
cleaning our existing infrastructure (there are currently 3 35 FTEs dedicated to
stormwater activities) The FTEs include the Surface Water Engineer, a full -time
crew (2 FTEs) to service existing infrastructure, and partial FTEs of various
personnel in the Engineering and Wastewater divisions City service charges and
insurance are also included. Cost = $528,044
3) Equipment — $60,000 is needed to purchase a 3/4 -ton full size pickup and a
small truck.
4) Capital Program — meeting the minimum requirements of NPDES Phase 2 and
UIC only provides for treatment of stormwater A capital program is necessary to
perform mandated system improvements but also to address needed drainage
improvements These capital projects will alleviate some of the chronic flooding
problems encountered in the city Funding limits for the Capital program varies
among the three options presented
5) Reimburse the Street Division — in 2003 and 2004, the Street Division in the
amount of $143,000, sponsored the fledgling Stormwater Program. Under Option
A this item would be deferred until 2009 Under option B there would be no
Page 3of7
reimbursement in 2008 while a reimbursement of $25,000 would be scheduled
for 2009 and 2010 Option C would have no reimbursement in 2008 but would
reimburse $25,000 in 2009 (See Table 2)
6) Reimburse the Wastewater Division — from 2005 through 2007, Wastewater
subsidized the initiation of elements of the federal, state, and locally mandated
Stormwater program by fronting it a total of $1 29 Million In 2008, Wastewater
will loan Stormwater an additional $300,000 for the purchase of a Vactor truck
used in cleaning catch basins. The amount borrowed will be paid back over six
years Under Option A this item would be deferred until 2009 Under Option B,
there would be no reimbursement in 2008 while a reimbursement of $250,000
would be scheduled for 2009 and 2010 Option C would have no reimbursement
in 2008 but would reimburse $250,000 in 2009 (See Table 2)
Evaluation of Project Costs.
The "Cost of Admission" makes it difficult to have an "apple to apple" comparison of
stormwater costs between the Draft Plan, Value Engineering Study and present needs
The Draft Plan and Value Engineering Study both assume that the City already had a
fully mapped stormwater system in reasonably good condition. Unfortunately, that is not
the case. The City is presently mapping the system and has borrowed a crew from
Wastewater for the past three years to begin cleaning the catch basins and inlets This
sub - minimal program has been an exploratory task to allow the City to get better
information on current and future mandated program staffing and equipment
requirements As noted in #6 above, Stormwater will be reimbursing Wastewater at the
rate of $250,000 per year for at least the next six years The cost to continue to clean
the system and get it into reasonably good condition will take years and cost
approximately $500,000 per year in 2008 dollars These items represent $750,000 in
annual expenses that are not accounted for in the Draft Plan and Value Engineering
Study
As indicated on the enclosed Table 1, the expenses for the (2005 -2007) City's
Stormwater Program have been considerably less than originally projected resulting in a
savings /deferral of $2,759,036 Depending upon which rate proposal is selected,
savings /deferrals through 2010 would be between $5,691,986 and $6,006,146. These
"savings" are from three sources, 1) the utilization of the Regional approach to eliminate
redundancy, 2) by being both efficient and effective in the tasks performed, 3) the actual
permit delayed the schedule on many items from what earlier drafts had indicated. The
costs for several elements will now impact future budgets as those tasks were only
delayed, not eliminated
With the delayed implementation schedule, the mandated program obligates the City to
considerable effort in the years ahead, in addition to local safety needs such as site -
specific flood control issues
Rate Options.
Based on what we have leamed through our efforts and production rates over the past
14 months, our current level of activity will not allow the City to meet the Permit
Page 4of7
timelines We also realize that the rate proposed in 2005 and currently in the Ordinance
(Option A) does not provide adequate revenue to fund a "minimal" program, support the
Regional effort, provide for reimbursement, and support a modest Capital program (flood
control) As noted in the Agenda Statement, when rates were proposed in the
November 2005 public meeting, it was stated that the program and costs would require
re- examination after more data was known.
On Table 2, a proposed 2008 budget containing six program elements and their
associated costs have been summarized The proposed total budget for the Stormwater
program in 2008 is $1,045,000 The projected number of Equivalent Residential Units
(ERUs) in the city that can be billed is 48,000 An ERU is equivalent to a parcel having
3,600 square feet of impervious surface, which was found to be that of an average
house in Yakima. Mandatory permit requirements will force the City to hire more staff
and increase program costs in subsequent years Option A, which is the $18 rate in the
existing ordinance, has a total budget of $864,000 Rates for 2009 and 2010 would be
determined later and would require Council approval Option B presents a scenario that
institutes a flat rate of $35 to be used for 2008, 2009 and 2010 Option C presents a $22
rate for 2008 and a $37 rate for 2009 Under Option C the rate for 2010 would be
determined in 2009 and would require Council approval
The requested annual rates presented in Options B and C represents a substantial
decrease from the suggested rates in the Draft Plan and Value Engineering Study when
all costs are considered. If adopted, the City would be able to continue making modest
progress in meeting the minimum requirements of the NPDES Phase II and UIC permits,
begin reimbursing the Wastewater program and funding for a few minor capital program
projects These activities represent the minimum mandated effort.
In comparison, the OTAK recommended annual rate for the first year (2005) was $18,
for year two (2006) was $27, for year three (2007) level activities was $36 Due to
deferrals, the 2005, 2006, and 2007 actual rate specific to this Utility has been zero
($0 00) By relying on funding borrowed from the wastewater utility, we have managed a
sub - minimal exploratory program Our 2007 effective rate (expenditures /ERU) is $14
Future Considerations.
Although some of the mandated permit deadlines are yet 3 - 4 years away, we believe it
prudent to plan a balanced effort to meet these goals. Based upon production
experienced over the past year, we realize that at least one additional crew is required
by 2009 for the "cleaning, assessing, mapping" element. The proposed budget and
required utility fees for 2009 and 2010 are provided in Table 2
The program requirements and progress will be continually monitored with regular
reports presented to Council
Page 5of7
Council Options
Option A — No Action
The stormwater rate would remain at $18 per the existing ordinance. This will have
the following impacts
The City will be able to meet the minimum requirements towards the permits for
2008.
There would be no reimbursement for Wastewater and Streets.
The Stormwater Capital Program for 2008 would be minimal at $20,000.
Future rate increases would have to be accelerated to meet permit requirements.
It has been suggested in Option A that the Stormwater expenses not be
decreased, rather the revenue gap be filled by not excluding the Street Division
from paying stormwater fees for City streets and sidewalks. In order for this to
happen, the Council policies established in March 2004 would require amending,
furthermore, this would require a significant adjustment to the Street Division
budget.
Option B — Flat Rate Proposal
Establish a stormwater rate of $35 and use this rate for 2008, 2009 and 2010 This
will have the following impacts.
The City will be able to meet minimum requirements towards the permits for all
three years.
There will not be any reimbursement for Wastewater and Streets in 2008, but there
will be in 2009 and 2010.
The Stormwater Capital Program will have $200,000 in 2008, $350,000 in 2009 and
$600,000 in 2010 Additionally, a reserve fund of $322,000 will be built up over the
three years that could be used for capital projects or emergencies.
Option C — Graduated Rate Proposal
Establish a stormwater rate of $22 for 2008 and $37 for 2009. This will have the
following impacts
The City will be able to meet minimum requirements towards the permits for the
two years.
There will not be any reimbursement for Wastewater and Streets in 2008, but there
will be in 2009
The Stormwater Capital Program will include $200,000 in 2008 and $350,000 in
2009. There will be a reserve fund of $70,000 that could be used for capital
projects or emergencies.
We also wish to present for your consideration the enclosed Ordinance that:
amends the annual rate to be assessed allows for stormwater fees of fifty dollars
or greater to pay the first half by April thirtieth and the second half by November
thirty- first: begins finance charges and late payment penalties for delinquent
accounts on January 1 of the following year changes the title of the fee payer
from "property owner" to "property tax payer" and deletes the twenty percent
credits for low income seniors and low income disabled persons.
Page 6of7
The City recently met with the County Treasurer and County Assessor to discuss
the billing ILA. We were informed that the County is not planning on giving credits
to low income seniors or low income disabled persons and that to do so would be
extremely difficult and time consuming. When the City first proposed giving these
credits, a cutoff date of October 15 was proposed If a low income senior or low
income disabled person was registered with the County Assessor as of October
15 they would get the credit. What the County Assessor pointed out was that
literally thousands of eligible people register between October and the end of the
year and many more no longer qualify as disabled over this time period. The
number is always changing and there will be a large amount of complaints no
matter when the cutoff date is set to. Different scenarios were also made aware to
us where if a qualifying person either bought or sold a home in this time period
the qualifying person may end up not getting the credit and a non - qualifying
person could receive the credit. In light of this new information and in order to be
consistent with the County's Stormwater Program, the City is proposing to amend
the ordinance and not allow twenty percent credits for low income seniors and
low income disabled persons.
It has been the intent of the City to utilize the County's Property tax statements as
the vehicle to distribute the City's Stormwater user fee charges. The County
Treasurer informed us that their system is set up with a break point at fifty dollars
which would allow for bills greater than that to be split between the April and
October statements. We continue working closely with the County Treasurer to
produce the ILA for the City Manager's execution (see attachment 1 for draft ILA)
for approval and action. To be included with the Tax statements, all pertinent
information must be relayed to the County Treasurer by December
The information herein details the considerable efforts of your RSPG Council
representatives and City staff Each of the three alternatives, Options A, B and C
have benefits and shortcomings. We look forward to the opportunity to discuss
these options in greater detail with the full Council and public, and take public
input.
Page 7 of 7
OPTION A
ORDINANCE NO. 2007- r
AN ORDINANCE relating to the stormwater fees for the storm drainage and surface water
management utility; amending the annual base rate of the stormwater fee,
amending adjustments to stormwater fees and eliminating low- income
senior and disabled citizen credits, amending the billing procedure for
stormwater charges; amending specific textual references in the
stormwater code to more accurately reflect the parties subject to fee
payment; and amending Sections 7 80 110, 7 80 120, 7 80 130 and
7 80 140 of Chapter 7 80 of the City of Yakima Municipal Code to reflect
said fee, billing and textual amendments
WHEREAS, the City Council has previously established a storm drainage and surface
water management utility through the enactment of Chapter 7 80 of the Yakima Municipal Code
( "YMC "), and
WHEREAS, the City, the County of Yakima, the City of Union Gap, and the City of
Sunnyside are pursuing a cooperative approach to regional stormwater drainage and surface
water management policies in order to meet state and federal stormwater requirements, and
WHEREAS, the City Council has determined that in order to preserve a compatible,
consistent and functional fee billing system with and through Yakima County's tax collection
system it is not possible to incorporate fee credits for the low- income senior and disabled
citizens, and
WHEREAS, the City Council finds and determines that minor amendments to the
textual references within the stormwater ordinance are appropriate to more accurately identify
those parties responsible for the payment of the stormwater fees, and
WHEREAS, the City Council further finds and determines that it is necessary and
advisable to amend the stormwater billing procedures to provide a two -part payment
opportunity for ratepayers charged fifty dollars ($50 00) or more annually for stormwater
management costs, and
WHEREAS, the City Council finds and determines that adoption of this ordinance is in
the public interest; Now, Therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Section 7 80 110 of Chapter 7 80 of the City of Yakima Municipal Code is
hereby amended to read as follows.
"7.80.110 Base Rate
The base rate shall be calculated to provide adequate revenues to cover all costs
allowable under applicable law that are incurred by the utility The City Council adopts
the annual base rate for 2008 as eighteen dollars ($18 00)
In each year thereafter, the ongoing revenue requirements for the stormwater utility
1
shall be reviewed and the annual base rates shall be adjusted or maintained as needed
The frequency of adjustments to base rates thereafter shall be as required to ensure fair
and full funding of the program
Adjustments to stormwater user's fees as detailed in YMC 7 80 120 will automatically
be applied to commercial, industrial and institutional parcel classes in 2008 These
credits will sunset in one year unless proper documentation is received that verifies that
the parcels meet the conditions of the discounts. For example, if a parcel contains its
stormwater runoff in a drywell, the drywell must be registered with the Department of
Ecology "
Section 2. Section 7 80 120 of Chapter 7 80 of the City of Yakima Municipal Code is hereby
amended to read as follows
"7.80.120 Adjustments to stormwater user's fees.
Credits allowed under this section shall not be cumulative. Except for the first -year
credit that will be given to all commercial, industrial, and institutional parcels, credits or
waivers must be granted by the engineer by October 15th of a given year in order for the
credit or waiver to be in effect for the following billing year Credits or waivers are not
retroactive to current or prior billings and are only in effect for the next billing year
Credits or waivers may be in effect for multiple future billing years, provided, that
ongoing qualifying criteria are met. The engineer will take such time as necessary to
process requests for credits or waivers in an orderly fashion
(A) Credits for Qualified Stormwater Facilities. The city council recognizes that some
parcel owners have constructed or will construct private on -site stormwater quality and
quantity mitigation facilities, which when properly operated and maintained will aid the
city in controlling the overall effects of stormwater pollution Parcels or portions of
parcels with facilities that meet one of the criteria listed below, to the engineer's
satisfaction, shall receive a reduction of twenty percent from the annual fee charged for
that portion of the site draining to such facilities.
(1) Any commercial /industrial /institutional parcel with a properly constructed and
maintained stormwater facility that meets or exceeds the design requirements of the
2004 Department of Ecology Stormwater Management Manual for Eastern Washington
or an equivalent design manual adopted by the city Owners of subsurface stormwater
infiltration systems shall provide evidence of compliance with the Washington State
Underground Injection Control Program in order to receive the credit.
(2) Any parcel that has an active and valid NPDES Industrial Stormwater Permit. A
copy of the permit and the stormwater pollution prevention plan (SWPPP) shall be
provided to the engineer
The property owner is responsible for providing all documentation necessary to
demonstrate compliance with the above requirements Documentation shall be by a
licensed civil engineer with the state of Washington. In the event facilities or control
measures address only a portion of the total parcel, the credit will be applied to only that
affected portion. The customer must maintain any water quantity and /or quality control
facility in accordance with Department of Ecology maintenance guidelines and
2
appropriate practice to ensure proper function and effectiveness of the facility
Commercial /industrial /institutional parcel owners receiving credits shall agree to allow
the city to periodically inspect the subject stormwater facilities. The city may request
documentation from facility owners to verify that proper maintenance has been
performed The city may notify owners in writing of maintenance needs or deficiencies
Failure to maintain the facilities within thirty days after written notice may be cause for
termination of the adjustment authorized by this section.
(B) Credit for Rainwater Harvesting Systems. Upon review and approval by the
engineer, owners of new or newly constructed commercial /industrial class buildings that
utilize a properly constructed and maintained permissive rainwater harvesting system
shall be eligible for a ten percent credit applied toward that portion of their stormwater
charge arising from the building upon which the system is used Customers desiring this
credit shall apply to the engineer and shall submit engineering design and operational
information as deemed necessary by the engineer to make their evaluation and decision.
Rainwater harvesting and beneficial reuse of the runoff is found by the city council to
both reduce the burden imposed upon the system by the building by reducing runoff and
to also have other beneficial water quality effects such as reduced consumption of
potable water
(B)(C) Waiver of Utility Fees for Certain Property The engineer shall waive
stormwater and surface water utility fees for a parcel falling within the following special
categories of property upon a showing that the parcel meets the following applicable
criteria for so long as the criteria are met.
(1) Fees shall be waived for city streets and street rights -of -way, since they act as
stormwater conveyance facilities during large floods The city streets fund also
contributes to the proper operation, maintenance, repair, improvement, and construction
of the street drainage system.
(2) Fees shall be waived for state of Washington highway rights -of -way, so long as
the state of Washington cooperates with the utility in the provision of services and
maintains, constructs and improves all drainage facilities contained within such rights -of-
way as required by the utility in conformance with all utility standards for maintenance,
construction and improvement hereafter established by the utility and so far as such
maintenance, construction and improvements shall be achieved at no cost to the utility
or to the city
(3) Fees shall be waived for municipal, county, and state and federal parks, fishing
areas, wildlife reserves, public trails and bike paths so long as their owners cooperate
with the utility in the provision of educational services and water quality control efforts
Fees shall be waived to the degree that such property owners offset the costs of the
utility to manage the burdens imposed by such parcels. Parks, trails and bike paths have
minimal intensity of impervious development and provide opportunities for natural
resource education and development of an appreciation for water quality
(4) Fees shall be waived for all vacant/undeveloped parcels The city council finds
that such parcels generally have no improvements built on them, generate little to no
traffic, utilize no chemicals, and generally are in a natural state, thereby imposing no
burden upon the system and receiving no benefit from the utility's services and
facilities. Information that a property categorized as vacant or undeveloped is being
used otherwise may result in a loss of this waiver "
3
Section 3. Section 7 80 130 of Chapter 7 80 of the City of Yakima Municipal Code is hereby
amended to read as follows.
"7.80.130 Property ownerstax payers to pay fees.
The ownerproperty tax payer of each nonexempt parcel shall pay the stormwater user's
fee and charges as provided in this chapter Property ownerstax payers seeking
adjustments or exemptions shall pay the full fee until such time that the adjustment or
exemption is granted by the city "
Section 4. Section 7 80 140 of Chapter 7 80 of the City of Yakima Municipal Code is hereby
amended to read as follows.
"7.80.140 Billing procedures and penalties for late payment.
The charges as herein provided for shall be billed annually , Annual stormwater
charges totaling Tess than fifty dollars ($50 00) shall be due and payable on or before the
thirtieth day of April of the billing year , For annual stormwater charges totaling fifty
dollars ($50 00) or greater, the first half of the total charge shall be due and payable on
or before the thirtieth day of April of the billing year and the second half of the total
charge shall be due and payable on the thirty -first day of October of the billing year
Chargesand shall become delinquent thereafter if not paid. Finance charges and late
payment penalties for delinquent accounts shall not begin to accrue until January first of
the following year The owner of contiguous parcels having a single land use within the
categories designated in YMC 7.80.100 may receive a single billing for such parcels.
Collection of delinquencies, interest, penalty, and costs of collection for delinquent
utility service charges provided for herein shall be charged interest on the delinquent
balance at the rate of five percent per annum, computed on a monthly basis In addition
to any other remedies permitted by law, the city shall have a lien pursuant to RCW
Chapter 35 67, as currently enacted or hereinafter amended, for all delinquent service
charges, including interest thereon, against the real property for which the service
charges are calculated Said lien shall have the superiority, and may be foreclosed upon,
as described in RCW Chapter 35 67, as currently enacted or hereinafter amended, or
other applicable law The engineer may excuse delinquencies of Tess than thirty days
The city treasurer may use the services of a collection agency to collect delinquent
service charges in the manner and to the extent provided in RCW 19 16.500 as currently
enacted or hereinafter amended The collection agency fee shall be added to the
amount of the delinquent service charge
Costs associated with the foreclosure of the lien, including but not limited to advertising,
title report, and personnel costs, shall be added to the lien upon filing of the foreclosure
action. In addition to the costs and disbursements provided by statute, the court may
allow the city reasonable attorney's fees."
Section 5. If any section, subsection, paragraph, sentence, clause or phrase of this
ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect
the validity of the remaining portions of this ordinance
Section 6. This ordinance shall be in full force and effect 30 days after its passage,
approval, and publication as provided by law and by the City Charter
4
PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved this 20 day
of November, 2007
ATTEST David Edler, Mayor
City Clerk
Publication Date
Effective Date
5
OPTION B
ORDINANCE NO. 2007 -
AN ORDINANCE relating to the stormwater fees for the storm drainage and surface water
management utility; amending the annual base rate of the stormwater fee,
amending adjustments to stormwater fees and eliminating low- income
senior and disabled citizen credits, amending the billing procedure for
stormwater charges, amending specific textual references in the
stormwater code to more accurately reflect the parties subject to fee
payment; and amending Sections 7 80 110, 7 80 120, 7 80 130 and
7 80 140 of Chapter 7 80 of the City of Yakima Municipal Code to reflect
said fee, billing and textual amendments.
WHEREAS, the City Council has previously established a storm drainage and surface
water management utility through the enactment of Chapter 7 80 of the Yakima Municipal Code
( "YMC "), and
WHEREAS, the City, the County of Yakima, the City of Union Gap, and the City of
Sunnyside are pursuing a cooperative approach to regional stormwater drainage and surface
water management policies in order to meet state and federal stormwater requirements, and
WHEREAS, the City Council finds and determines that it is necessary and advisable to
amend the annual base rate for stormwater charges for the first three fiscal years (2008 -2010)
in order to provide adequate revenues to cover all costs allowable under applicable law that are
incurred by the utility for stormwater management; and
WHEREAS, the City Council has determined that in order to preserve a compatible,
consistent and functional fee billing system with and through Yakima County's tax collection
system it is not possible to incorporate fee credits for the low- income senior and disabled
citizens, and
WHEREAS, the City Council finds and determines that minor amendments to the
textual references within the stormwater ordinance are appropriate to more accurately identify
those parties responsible for the payment of the stormwater fees, and
WHEREAS, the City Council further finds and determines that it is necessary and
advisable to amend the stormwater billing procedures to provide a two -part payment
opportunity for ratepayers charged fifty dollars ($50 00) or more annually for stormwater
management costs; and
WHEREAS, the City Council finds and determines that adoption of this ordinance is in
the public interest; Now, Therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1 Section 7 80 110 of Chapter 7 80 of the City of Yakima Municipal Code is
hereby amended to read as follows
`7.80.110 Base Rate
The base rate shall be calculated to provide adequate revenues to cover all costs
allowable under applicable law that are incurred by the utility The City Council adopts
the annual base rate for the first years 2008, 2009 and 2010 as eighteenthirty five dollars
($35 00)
In each years thereafter, the ongoing revenue requirements for the stormwater utility
shall be reviewed and the annual base rates shall be adjusted or maintained as needed
The frequency of adjustments to base rates thereafter shall be as required to ensure fair
and full funding of the program
Adjustments to stormwater user's fees as detailed in YMC 7 80 120 will automatically
be applied to commercial, industrial and institutional parcel classes in 2008 These
credits will sunset in one year unless proper documentation is received that verifies that
the parcels meet the conditions of the discounts. For example, if a parcel contains its
stormwater runoff in a drywell, the drywell must be registered with the Department of
Ecology "
Low - income senior and low- income disabled households contained in the 2007 tax
records will receive a discount as detailed in YMC 7 80 120
Section 2. Section 7 80 120 of Chapter 7 80 of the City of Yakima Municipal Code is hereby
amended to read as follows.
"7.80.120 Adjustments to stormwater user's fees.
Credits allowed under this section shall not be cumulative Except for the first -year
credit that will be given to all commercial, industrial, and institutional parcels, credits or
waivers must be granted by the engineer by October 15th of a given year in order for the
credit or waiver to be in effect for the following billing year Credits or waivers are not
retroactive to current or prior billings and are only in effect for the next billing year
Credits or waivers may be in effect for multiple future billing years, provided, that
ongoing qualifying criteria are met. The engineer will take such time as necessary to
process requests for credits or waivers in an orderly fashion
• _e••- - -- -- - -- T. - • - - - e giree- _ - _ -- _ - - - e . •e
(A) Credits for Qualified Stormwater Facilities. The city council recognizes that some
parcel owners have constructed or will construct private on -site stormwater quality and
quantity mitigation facilities, which when properly operated and maintained will aid the
city in controlling the overall effects of stormwater pollution Parcels or portions of
parcels with facilities that meet one of the criteria listed below, to the engineer's
satisfaction, shall receive a reduction of twenty percent from the annual fee charged for
that portion of the site draining to such facilities.
(1) Any commercial /industrial /institutional parcel with a properly constructed and
maintained stormwater facility that meets or exceeds the design requirements of the
2004 Department of Ecology Stormwater Management Manual for Eastern Washington
or an equivalent design manual adopted by the city Owners of subsurface stormwater
infiltration systems shall provide evidence of compliance with the Washington State
Underground Injection Control Program in order to receive the credit.
(2) Any parcel that has an active and valid NPDES Industrial Stormwater Permit. A
copy of the permit and the stormwater pollution prevention plan (SWPPP) shall be
provided to the engineer
2
The property owner is responsible for providing all documentation necessary to
demonstrate compliance with the above requirements. Documentation shall be by a
licensed civil engineer with the state of Washington. In the event facilities or control
measures address only a portion of the total parcel, the credit will be applied to only that
affected portion. The customer must maintain any water quantity and /or quality control
facility in accordance with Department of Ecology maintenance guidelines and
appropriate practice to ensure proper function and effectiveness of the facility
Commercial /industrial /institutional parcel owners receiving credits shall agree to allow
the city to periodically inspect the subject stormwater facilities. The city may request
documentation from facility owners to verify that proper maintenance has been
performed The city may notify owners in writing of maintenance needs or deficiencies
Failure to maintain the facilities within thirty days after written notice may be cause for
termination of the adjustment authorized by this section.
(B) Credit for Rainwater Harvesting Systems. Upon review and approval by the
engineer, owners of new or newly constructed commercial /industrial class buildings that
utilize a properly constructed and maintained permissive rainwater harvesting system
shall be eligible for a ten percent credit applied toward that portion of their stormwater
charge arising from the building upon which the system is used Customers desiring this
credit shall apply to the engineer and shall submit engineering design and operational
information as deemed necessary by the engineer to make their evaluation and decision.
Rainwater harvesting and beneficial reuse of the runoff is found by the city council to
both reduce the burden imposed upon the system by the building by reducing runoff and
to also have other beneficial water quality effects such as reduced consumption of
potable water
(g)(C) Waiver of Utility Fees for Certain Property The engineer shall waive
stormwater and surface water utility fees for a parcel falling within the following special
categories of property upon a showing that the parcel meets the following applicable
criteria for so long as the criteria are met.
(1) Fees shall be waived for city streets and street rights -of -way, since they act as
stormwater conveyance facilities during large floods The city streets fund also
contributes to the proper operation, maintenance, repair, improvement, and construction
of the street drainage system.
(2) Fees shall be waived for state of Washington highway rights -of -way, so long as
the state of Washington cooperates with the utility in the provision of services and
maintains, constructs and improves all drainage facilities contained within such rights -of-
way as required by the utility in conformance with all utility standards for maintenance,
construction and improvement hereafter established by the utility and so far as such
maintenance, construction and improvements shall be achieved at no cost to the utility
or to the city
(3) Fees shall be waived for municipal, county, and state and federal parks, fishing
areas, wildlife reserves, public trails and bike paths so long as their owners cooperate
with the utility in the provision of educational services and water quality control efforts
Fees shall be waived to the degree that such property owners offset the costs of the
utility to manage the burdens imposed by such parcels. Parks, trails and bike paths have
minimal intensity of impervious development and provide opportunities for natural
resource education and development of an appreciation for water quality
3
(4) Fees shall be waived for all vacant/undeveloped parcels The city council
finds that such parcels generally have no improvements built on them, generate little
to no traffic, utilize no chemicals, and generally are in a natural state, thereby
imposing no burden upon the system and receiving no benefit from the utility's
services and facilities Information that a property categorized as vacant or
undeveloped is being used otherwise may result in a Toss of this waiver "
Section 3. Section 7 80 130 of Chapter 7 80 of the City of Yakima Municipal Code is hereby
amended to read as follows.
"7.80.130 Property ownerstax payers to pay fees.
The ownerproperty tax payer of each nonexempt parcel shall pay the stormwater user's
fee and charges as provided in this chapter Property ownerstax payers seeking
adjustments or exemptions shall pay the full fee until such time that the adjustment or
exemption is granted by the city "
Section 4 Section 7 80 140 of Chapter 7 80 of the City of Yakima Municipal Code is hereby
amended to read as follows
"7.80.140 Billing procedures and penalties for late payment.
The charges as herein provided for shall be billed annually , Annual stormwater
charges totaling less than fifty dollars ($50 00) shall be due and payable on or before the
thirtieth day of April of the billing year , For annual stormwater charges totaling fifty
dollars ($50 00) or greater, the first half of the total charge shall be due and payable on
or before the thirtieth day of April of the billing year and the second half of the total
charge shall be due and payable on the thirty -first day of October of the billing year
Chargesand shall become delinquent thereafter if not paid Finance charges and late
payment penalties for delinquent accounts shall not begin to accrue until January first of
the following year The owner of contiguous parcels having a single land use within the
categories designated in YMC 7.80.100 may receive a single billing for such parcels
Collection of delinquencies, interest, penalty, and costs of collection for delinquent
utility service charges provided for herein shall be charged interest on the delinquent
balance at the rate of five percent per annum, computed on a monthly basis. In addition
to any other remedies permitted by law, the city shall have a lien pursuant to RCW
Chapter 35 67, as currently enacted or hereinafter amended, for all delinquent service
charges, including interest thereon, against the real property for which the service
charges are calculated. Said lien shall have the superiority, and may be foreclosed upon,
as described in RCW Chapter 35 67, as currently enacted or hereinafter amended, or
other applicable law The engineer may excuse delinquencies of less than thirty days.
The city treasurer may use the services of a collection agency to collect delinquent
service charges in the manner and to the extent provided in RCW 19 16 500 as currently
enacted or hereinafter amended The collection agency fee shall be added to the
amount of the delinquent service charge.
Costs associated with the foreclosure of the lien, including but not limited to advertising,
title report, and personnel costs, shall be added to the lien upon filing of the foreclosure
action. In addition to the costs and disbursements provided by statute, the court may
allow the city reasonable attorney's fees "
Section 5. If any section, subsection, paragraph, sentence, clause or phrase of this
4
ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect
the validity of the remaining portions of this ordinance
Section 6. This ordinance shall be in full force and effect 30 days after its passage,
approval, and publication as provided by law and by the City Charter
PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved this 20 day
of November, 2007
ATTEST David Edler, Mayor
City Clerk
Publication Date
Effective Date.
5
OPTION C
ORDINANCE NO 2007 -
AN ORDINANCE relating to the stormwater fees for the storm drainage and surface water
management utility; amending the annual base rate of the stormwater fee,
amending adjustments to stormwater fees and eliminating low- income
senior and disabled citizen credits, amending the billing procedure for
stormwater charges; amending specific textual references in the
stormwater code to more accurately reflect the parties subject to fee
payment; and amending Sections 7 80 110, 7 80 120, 7 80 130 and
7 80 140 of Chapter 7 80 of the City of Yakima Municipal Code to reflect
said fee, billing and textual amendments.
WHEREAS, the City Council has previously established a storm drainage and surface
water management utility through the enactment of Chapter 7 80 of the Yakima Municipal Code
( "YMC "), and
WHEREAS, the City, the County of Yakima, the City of Union Gap, and the City of
Sunnyside are pursuing a cooperative approach to regional stormwater drainage and surface
water management policies in order to meet state and federal stormwater requirements, and
WHEREAS, the City Council finds and determines that it is necessary and advisable to
amend the annual base rate for stormwater charges for the first two fiscal years (2008 -2009) in
order to provide adequate revenues to cover all costs allowable under applicable law that are
incurred by the utility for stormwater management; and
WHEREAS, the City Council has determined that in order to preserve a compatible,
consistent and functional fee billing system with and through Yakima County's tax collection
system it is not possible to incorporate fee credits for the low- income senior and disabled
citizens, and
WHEREAS, the City Council finds and determines that minor amendments to the
textual references within the stormwater ordinance are appropriate to more accurately identify
those parties responsible for the payment of the stormwater fees, and
WHEREAS, the City Council further finds and determines that it is necessary and
advisable to amend the stormwater billing procedures to provide a two -part payment
opportunity for ratepayers charged fifty dollars ($50 00) or more annually for stormwater
management costs; and
WHEREAS, the City Council finds and determines that adoption of this ordinance is in
the public interest; Now, Therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1 Section 7 80 110 of Chapter 7 80 of the City of Yakima Municipal Code is
hereby amended to read as follows
"7.80.110 Base Rate
1
The base rate shall be calculated to provide adequate revenues to cover all costs
allowable under applicable law that are incurred by the utility The City Council adopts
the annual base rate as eighteen twenty two dollars ($22 00) for the -first yeaf 2008 and
thirty seven dollars ($37 00) for 2009
In each years thereafter, the ongoing revenue requirements for the stormwater utility
shall be reviewed and the annual base rates shall be adjusted or maintained as needed
The frequency of adjustments to base rates thereafter shall be as required to ensure fair
and full funding of the program.
Adjustments to stormwater user's fees as detailed in YMC 7 80 120 will automatically
be applied to commercial, industrial and institutional parcel classes in 2008 These
credits will sunset in one year unless proper documentation is received that verifies that
the parcels meet the conditions of the discounts. For example, if a parcel contains its
stormwater runoff in a drywell, the drywell must be registered with the Department of
Ecology "
Low - income senior and low- income disabled households contained in the 2007 tax
records will receive a discount as detailed in YMC 7 80 120
Section 2. Section 7 80 120 of Chapter 7 80 of the City of Yakima Municipal Code is hereby
amended to read as follows.
"7.80.120 Adjustments to stormwater user's fees.
Credits allowed under this section shall not be cumulative. Except for the first -year
credit that will be given to all commercial, industrial, and institutional parcels, credits or
waivers must be granted by the engineer by October 15th of a given year in order for the
credit or waiver to be in effect for the following billing year Credits or waivers are not
retroactive to current or prior billings and are only in effect for the next billing year
Credits or waivers may be in effect for multiple future billing years, provided, that
ongoing qualifying criteria are met. The engineer will take such time as necessary to
process requests for credits or waivers in an orderly fashion •
- - -- - -- - - - - - - - - -' - - -- - • - •- - _ -_ - •
(A) Credits for Qualified Stormwater Facilities. The city council recognizes that some
parcel owners have constructed or will construct private on -site stormwater quality and
quantity mitigation facilities, which when properly operated and maintained will aid the
city in controlling the overall effects of stormwater pollution Parcels or portions of
parcels with facilities that meet one of the criteria listed below, to the engineer's
satisfaction, shall receive a reduction of twenty percent from the annual fee charged for
that portion of the site draining to such facilities.
(1) Any commercial /industrial /institutional parcel with a properly constructed and
maintained stormwater facility that meets or exceeds the design requirements of the
2004 Department of Ecology Stormwater Management Manual for Eastern Washington
or an equivalent design manual adopted by the city Owners of subsurface stormwater
infiltration systems shall provide evidence of compliance with the Washington State
Underground Injection Control Program in order to receive the credit.
(2) Any parcel that has an active and valid NPDES Industrial Stormwater Permit. A
copy of the permit and the stormwater pollution prevention plan (SWPPP) shall be
provided to the engineer
2
The property owner is responsible for providing all documentation necessary to
demonstrate compliance with the above requirements. Documentation shall be by a
licensed civil engineer with the state of Washington In the event facilities or control
measures address only a portion of the total parcel, the credit will be applied to only that
affected portion. The customer must maintain any water quantity and /or quality control
facility in accordance with Department of Ecology maintenance guidelines and
appropriate practice to ensure proper function and effectiveness of the facility
Commercial /industrial /institutional parcel owners receiving credits shall agree to allow
the city to periodically inspect the subject stormwater facilities. The city may request
documentation from facility owners to verify that proper maintenance has been
performed. The city may notify owners in writing of maintenance needs or deficiencies
Failure to maintain the facilities within thirty days after written notice may be cause for
termination of the adjustment authorized by this section.
(B) Credit for Rainwater Harvesting Systems. Upon review and approval by the
engineer, owners of new or newly constructed commercial /industrial class buildings that
utilize a properly constructed and maintained permissive rainwater harvesting system
shall be eligible for a ten percent credit applied toward that portion of their stormwater
charge arising from the building upon which the system is used Customers desiring this
credit shall apply to the engineer and shall submit engineering design and operational
information as deemed necessary by the engineer to make their evaluation and decision.
Rainwater harvesting and beneficial reuse of the runoff is found by the city council to
both reduce the burden imposed upon the system by the building by reducing runoff and
to also have other beneficial water quality effects such as reduced consumption of
potable water
(13)(C) Waiver of Utility Fees for Certain Property The engineer shall waive
stormwater and surface water utility fees for a parcel falling within the following special
categories of property upon a showing that the parcel meets the following applicable
criteria for so long as the criteria are met.
(1) Fees shall be waived for city streets and street rights -of -way, since they act as
stormwater conveyance facilities during large floods The city streets fund also
contributes to the proper operation, maintenance, repair, improvement, and construction
of the street drainage system
(2) Fees shall be waived for state of Washington highway rights -of -way, so long as
the state of Washington cooperates with the utility in the provision of services and
maintains, constructs and improves all drainage facilities contained within such rights -of-
way as required by the utility in conformance with all utility standards for maintenance,
construction and improvement hereafter established by the utility and so far as such
maintenance, construction and improvements shall be achieved at no cost to the utility
or to the city
(3) Fees shall be waived for municipal, county, and state and federal parks, fishing
areas, wildlife reserves, public trails and bike paths so long as their owners cooperate
with the utility in the provision of educational services and water quality control efforts
Fees shall be waived to the degree that such property owners offset the costs of the
utility to manage the burdens imposed by such parcels. Parks, trails and bike paths have
minimal intensity of impervious development and provide opportunities for natural
resource education and development of an appreciation for water quality
3
(4) Fees shall be waived for all vacant/undeveloped parcels The city council
finds that such parcels generally have no improvements built on them, generate little
to no traffic, utilize no chemicals, and generally are in a natural state, thereby
imposing no burden upon the system and receiving no benefit from the utility's
services and facilities Information that a property categorized as vacant or
undeveloped is being used otherwise may result in a loss of this waiver "
Section 3. Section 7 80 130 of Chapter 7 80 of the City of Yakima Municipal Code is hereby
amended to read as follows.
"7.80.130 Property ownerstax payers to pay fees.
The ownerproperty tax payer of each nonexempt parcel shall pay the stormwater user's
fee and charges as provided in this chapter Property ownerstax payers seeking
adjustments or exemptions shall pay the full fee until such time that the adjustment or
exemption is granted by the city "
Section 4. Section 7 80 140 of Chapter 7 80 of the City of Yakima Municipal Code is hereby
amended to read as follows
"7.80.140 Billing procedures and penalties for late payment.
The charges as herein provided for shall be billed annually , Annual stormwater
charges totaling less than fifty dollars ($50 00) shall be due and payable on or before the
thirtieth day of April of the billing year , For annual stormwater charges totaling fifty
dollars ($50 00) or greater, the first half of the total charge shall be due and payable on
or before the thirtieth day of April of the billing year and the second half of the total
charge shall be due and payable on the thirty -first day of October of the billing year
Chargesand shall become delinquent thereafter if not paid Finance charges and late
payment penalties for delinquent accounts shall not begin to accrue until January first of
the following year The owner of contiguous parcels having a single land use within the
categories designated in YMC 7.80.100 may receive a single billing for such parcels
Collection of delinquencies, interest, penalty, and costs of collection for delinquent
utility service charges provided for herein shall be charged interest on the delinquent
balance at the rate of five percent per annum, computed on a monthly basis. In addition
to any other remedies permitted by law, the city shall have a Tien pursuant to RCW
Chapter 35 67, as currently enacted or hereinafter amended, for all delinquent service
charges, including interest thereon, against the real property for which the service
charges are calculated. Said lien shall have the superiority, and may be foreclosed upon,
as described in RCW Chapter 35 67, as currently enacted or hereinafter amended, or
other applicable law The engineer may excuse delinquencies of less than thirty days.
The city treasurer may use the services of a collection agency to collect delinquent
service charges in the manner and to the extent provided in RCW 19 16 500 as currently
enacted or hereinafter amended The collection agency fee shall be added to the
amount of the delinquent service charge
Costs associated with the foreclosure of the lien, including but not limited to advertising,
title report, and personnel costs, shall be added to the lien upon filing of the foreclosure
action In addition to the costs and disbursements provided by statute, the court may
allow the city reasonable attorney's fees "
4
Section 5. If any section, subsection, paragraph, sentence, clause or phrase of this
ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect
the validity of the remaining portions of this ordinance
Section 6. This ordinance shall be in full force and effect 30 days after its passage,
approval, and publication as provided by law and by the City Charter
PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved this 20 day
of November, 2007
ATTEST David Edler, Mayor
City Clerk
Publication Date
Effective Date
5
OPTION D
ORDINANCE NO. 2007 -
AN ORDINANCE relating to the stormwater fees for the storm drainage and surface water
management utility; amending the annual base rate of the stormwater fee,
amending adjustments to stormwater fees and eliminating low- income
senior and disabled citizen credits, amending the billing procedure for
stormwater charges, amending specific textual references in the
stormwater code to more accurately reflect the parties subject to fee
payment; and amending Sections 7 80 110, 7 80 120, 7 80 130 and
7 80 140 of Chapter 7 80 of the City of Yakima Municipal Code to reflect
said fee, billing and textual amendments.
WHEREAS, the City Council has previously established a storm drainage and surface
water management utility through the enactment of Chapter 7 80 of the Yakima Municipal Code
( "YMC "), and
WHEREAS, the City, the County of Yakima, the City of Union Gap, and the City of
Sunnyside are pursuing a cooperative approach to regional stormwater drainage and surface
water management policies in order to meet state and federal stormwater requirements, and
WHEREAS, the City Council finds and determines that it is necessary and advisable to
amend the annual base rate for stormwater charges for the first three fiscal years (2008 -2010)
in order to provide adequate revenues to cover all costs allowable under applicable law that are
incurred by the utility for stormwater management; and
WHEREAS, the City Council has determined that in order to preserve a compatible,
consistent and functional fee billing system with and through Yakima County's tax collection
system it is not possible to incorporate fee credits for the low- income senior and disabled
citizens, and
WHEREAS, the City Council finds and determines that minor amendments to the
textual references within the stormwater ordinance are appropriate to more accurately identify
those parties responsible for the payment of the stormwater fees; and
WHEREAS, the City Council further finds and determines that it is necessary and
advisable to amend the stormwater billing procedures to provide a two -part payment
opportunity for ratepayers charged fifty dollars ($50 00) or more annually for stormwater
management costs, and
WHEREAS, the City Council finds and determines that adoption of this ordinance is in
the public interest; Now, Therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA.
Section 1 Section 7 80 110 of Chapter 7 80 of the City of Yakima Municipal Code is
hereby amended to read as follows
"7.80.110 Base Rate
1
The base rate shall be calculated to provide adequate revenues to cover all costs
allowable under applicable law that are incurred by the utility The City Council adopts
the annual base rate as eighteen dollars ($18 00) for the -first yeaF 2008, twenty seven
dollars ($27 00) for 2009 and thirty seven dollars ($37 00) for 2010
In each years thereafter, the ongoing revenue requirements for the stormwater utility
shall be reviewed and the annual base rates shall be adjusted or maintained as needed
The frequency of adjustments to base rates thereafter shall be as required to ensure fair
and full funding of the program.
Adjustments to stormwater user's fees as detailed in YMC 7 80 120 will automatically
be applied to commercial, industrial and institutional parcel classes in 2008 These
credits will sunset in one year unless proper documentation is received that verifies that
the parcels meet the conditions of the discounts. For example, if a parcel contains its
stormwater runoff in a drywell, the drywell must be registered with the Department of
Ecology "
Low - income senior and low- income disabled households contained in the 2007 tax
records will receive a discount as detailed in YMC 7 80 120
Section 2. Section 7 80 120 of Chapter 7 80 of the City of Yakima Municipal Code is hereby
amended to read as follows
`7.80.120 Adjustments to stormwater user's fees.
Credits allowed under this section shall not be cumulative. Except for the first -year
credit that will be given to all commercial, industrial, and institutional parcels, credits or
waivers must be granted by the engineer by October 15th of a given year in order for the
credit or waiver to be in effect for the following billing year Credits or waivers are not
retroactive to current or prior billings and are only in effect for the next billing year
Credits or waivers may be in effect for multiple future billing years, provided, that
ongoing qualifying criteria are met. The engineer will take such time as necessary to
process requests for credits or waivers in an orderly fashion
- -- - - --
(A) Credits for Qualified Stormwater Facilities. The city council recognizes that some
parcel owners have constructed or will construct private on -site stormwater quality and
quantity mitigation facilities, which when properly operated and maintained will aid the
city in controlling the overall effects of stormwater pollution Parcels or portions of
parcels with facilities that meet one of the criteria listed below, to the engineer's
satisfaction, shall receive a reduction of twenty percent from the annual fee charged for
that portion of the site draining to such facilities.
(1) Any commercial /industrial /institutional parcel with a properly constructed and
maintained stormwater facility that meets or exceeds the design requirements of the
2004 Department of Ecology Stormwater Management Manual for Eastern Washington
or an equivalent design manual adopted by the city Owners of subsurface stormwater
infiltration systems shall provide evidence of compliance with the Washington State
Underground Injection Control Program in order to receive the credit.
(2) Any parcel that has an active and valid NPDES Industrial Stormwater Permit. A
copy of the permit and the stormwater pollution prevention plan (SWPPP) shall be
provided to the engineer
2
The property owner is responsible for providing all documentation necessary to
demonstrate compliance with the above requirements. Documentation shall be by a
licensed civil engineer with the state of Washington. In the event facilities or control
measures address only a portion of the total parcel, the credit will be applied to only that
affected portion. The customer must maintain any water quantity and /or quality control
facility in accordance with Department of Ecology maintenance guidelines and
appropriate practice to ensure proper function and effectiveness of the facility
Commercial /industrial /institutional parcel owners receiving credits shall agree to allow
the city to periodically inspect the subject stormwater facilities. The city may request
documentation from facility owners to verify that proper maintenance has been
performed. The city may notify owners in writing of maintenance needs or deficiencies
Failure to maintain the facilities within thirty days after written notice may be cause for
termination of the adjustment authorized by this section.
(B) Credit for Rainwater Harvesting Systems. Upon review and approval by the
engineer, owners of new or newly constructed commercial /industrial class buildings that
utilize a properly constructed and maintained permissive rainwater harvesting system
shall be eligible for a ten percent credit applied toward that portion of their stormwater
charge arising from the building upon which the system is used Customers desiring this
credit shall apply to the engineer and shall submit engineering design and operational
information as deemed necessary by the engineer to make their evaluation and decision
Rainwater harvesting and beneficial reuse of the runoff is found by the city council to
both reduce the burden imposed upon the system by the building by reducing runoff and
to also have other beneficial water quality effects such as reduced consumption of
potable water
(B)(C) Waiver of Utility Fees for Certain Property The engineer shall waive
stormwater and surface water utility fees for a parcel falling within the following special
categories of property upon a showing that the parcel meets the following applicable
criteria for so long as the criteria are met.
(1) Fees shall be waived for city streets and street rights -of -way, since they act as
stormwater conveyance facilities during large floods The city streets fund also
contributes to the proper operation, maintenance, repair, improvement, and construction
of the street drainage system.
(2) Fees shall be waived for state of Washington highway rights -of -way, so long as
the state of Washington cooperates with the utility in the provision of services and
maintains, constructs and improves all drainage facilities contained within such rights -of-
way as required by the utility in conformance with all utility standards for maintenance,
construction and improvement hereafter established by the utility and so far as such
maintenance, construction and improvements shall be achieved at no cost to the utility
or to the city
(3) Fees shall be waived for municipal, county, and state and federal parks, fishing
areas, wildlife reserves, public trails and bike paths so long as their owners cooperate
with the utility in the provision of educational services and water quality control efforts
Fees shall be waived to the degree that such property owners offset the costs of the
utility to manage the burdens imposed by such parcels. Parks, trails and bike paths have
minimal intensity of impervious development and provide opportunities for natural
resource education and development of an appreciation for water quality
3
(4) Fees shall be waived for all vacant/undeveloped parcels The city council
finds that such parcels generally have no improvements built on them, generate little
to no traffic, utilize no chemicals, and generally are in a natural state, thereby
imposing no burden upon the system and receiving no benefit from the utility's
services and facilities Information that a property categorized as vacant or
undeveloped is being used otherwise may result in a Toss of this waiver "
Section 3. Section 7 80 130 of Chapter 7 80 of the City of Yakima Municipal Code is hereby
amended to read as follows.
"7 80.130 Property ownerstax payers to pay fees.
The ownerproperty tax payer of each nonexempt parcel shall pay the stormwater user's
fee and charges as provided in this chapter Property ownerstax payers seeking
adjustments or exemptions shall pay the full fee until such time that the adjustment or
exemption is granted by the city "
Section 4. Section 7 80 140 of Chapter 7 80 of the City of Yakima Municipal Code is hereby
amended to read as follows
"7.80.140 Billing procedures and penalties for late payment.
The charges as herein provided for shall be billed annually , Annual stormwater
charges totaling Tess than fifty dollars ($50 00) shall be due and payable on or before the
thirtieth day of April of the billing year , For annual stormwater charges totaling fifty
dollars ($50 00) or greater, the first half of the total charge shall be due and payable on
or before the thirtieth day of April of the billing year and the second half of the total
charge shall be due and payable on the thirty -first day of October of the billing year
Chargesand shall become delinquent thereafter if not paid Finance charges and late
payment penalties for delinquent accounts shall not begin to accrue until January first of
the following year The owner of contiguous parcels having a single land use within the
categories designated in YMC 7.80.100 may receive a single billing for such parcels.
Collection of delinquencies, interest, penalty, and costs of collection for delinquent
utility service charges provided for herein shall be charged interest on the delinquent
balance at the rate of five percent per annum, computed on a monthly basis. In addition
to any other remedies permitted by law, the city shall have a lien pursuant to RCW
Chapter 35 67, as currently enacted or hereinafter amended, for all delinquent service
charges, including interest thereon, against the real property for which the service
charges are calculated. Said lien shall have the superiority, and may be foreclosed upon,
as described in RCW Chapter 35 67, as currently enacted or hereinafter amended, or
other applicable law The engineer may excuse delinquencies of less than thirty days.
The city treasurer may use the services of a collection agency to collect delinquent
service charges in the manner and to the extent provided in RCW 19 16 500 as currently
enacted or hereinafter amended The collection agency fee shall be added to the
amount of the delinquent service charge.
Costs associated with the foreclosure of the lien, including but not limited to advertising,
title report, and personnel costs, shall be added to the lien upon filing of the foreclosure
action In addition to the costs and disbursements provided by statute, the court may
allow the city reasonable attorney's fees."
Section 5. If any section, subsection, paragraph, sentence, clause or phrase of this
4
Y.
ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect
the validity of the remaining portions of this ordinance
Section 6. This ordinance shall be in full force and effect 30 days after its passage,
approval, and publication as provided by law and by the City Charter
PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved this 20 day
of November, 2007
ATTEST David Edler, Mayor
City Clerk
Publication Date
Effective Date
5
r�
BUSINESS OF THE CITY COUNCIL o
YAKIMA, WASHINGTON
AGENDA STATEMENT �� S/
Item No. 4
For Meeting of November 20, 2007
ITEM TITLE A) Public hearing to consider proposed legislation amending the storm drainage
and surface water management utility ordinance, B) Council action on ordinance
amending the Stormwater fees
SUBMITTED BY Councilmembers McClure and Lover, Dick Zais, Dave Zabell, Randy Meloy,
Chris Waarvick, and Doug Mayo
CONTACT PERSON/TELEPHONE Dave Zabell, Assistant City Manager
Randy Meloy, Surface Water Engineer
SUMMARY EXPLANATION
This is a continuation of a Public Hearing from November 6, 2007 considering proposed legislation
amending the storm drainage and surface water management utility ordinance This amended
ordinance is the legislative vehicle necessary to implement the federal and state mandated storm water
program to comply with NPDES permit and UIC regulations (NPDES — National Pollutant Discharge
Elimination System and UIC — Underground Injection Controls)
- (continued) -
Resolution Ordinances X Other (Specify) Background information and attachments
Contract Mail to (name and address)
Phone
Funding Source Revenue from St water Fees
APPROVED FOR SUBMITTAL. �•� i City Manager
STAFF RECOMMENDATION The ultimate decision regarding implementation of this program
and the accompanying rates is a Council policy issue The Stormwater information packets describe
different funding options in much greater detail, as well as other information about the Stormwater
program in general and form the basis of the proposed recommendations Councilmember Whitman
has proposed a rate option for your consideration (Option D) Information regarding this proposal is
attached
Staff recommends holding the "continued" Public Hearing, deliberating the options presented and finally
deciding on an option to fund the stormwater program
BOARD /COMMISSION RECOMMENDATION
COUNCIL ACTION Pass Ordinance
(Continued from front page)
Under the Regional Stormwater Planning Group (RSPG) umbrella group, a value engineering study
was completed analyzing the Stormwater Utility Financial Planning Analysis done by OTAK spelling out
what steps should be taken to minimally, yet adequately, comply with the NPDES Phase 2 Municipal
Stormwater Permit and the Underground Injection Control (UIC) Program In July 2007, a regional
stormwater entity was formalized through an Interlocal Agreement (ILA) between Yakima County and
the Cities of Yakima, Union Gap and Sunnyside Based on this ILA, "regional" tasks and costs were
assigned, and the county assumed lead "regional" status This is consistent with the City Council
priority to regionalize government efforts where feasible to avoid duplication and contain costs At the
Public Hearing on November 6, 2007 a number of inquiries and questions were presented from the
public Staff has attempted to provide answers and these are attached
We are now approaching the second year of the NPDES Permit cycle and the third year of the
Mandated UIC program The Stormwater program has been subsidized for three years by Wastewater
and Streets implementing some of the required permit items Staff recently completed a report outlining
funding needs for the Stormwater program to meet the minimum requirements of the NPDES and UIC
permits for the City of Yakima. We have concluded, after the RSPG effort, that the rate proposed in
2004 and currently in the 2006 Ordinance does not provide adequate revenue to fund a "minimal"
program, support the Regional effort, provide for reimbursement, and support a modest Capital
program (flood control) Staff recommends that City Council hold the Public Hearing, deliberate the
alternatives and decide on an option to fund the program This is a critical step to ensure that the
County can incorporate into their assessment process the city's fee structure so revenues may be
collected for the 2008 budget year