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HomeMy WebLinkAbout2000-030 STORMWATER REGULATIONS ORDINANCE NO. 2000- 10 AN ORDINANCE amending the 2000 budget for the City of Yakima; and making an appropriation of $7,000 .within the 141 — Street Fund for expenditure during 2000 for professional services relating to Stormwater regulations. WHEREAS, the amount of $7,000 must be appropriated within the 141 - Street Fund for expenditure during 2000 for professional services relating to Stormwater regulations, and WHEREAS, at the time of the adoption of the 2000 budget it could not reasonably have been foreseen that the appropriation provided for by this ordinance would be required; and the City Council finds that an emergency exists of the type contemplated by RCW 35.33.091 and that it is in the best interests of the City to make the appropriation herein provided, now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. The amount of $7,000 is hereby appropriated from the Unappropriated Fund Balance in the 141 - Street Fund to account number 141- 4- 141 - 521 - 0000 - 54240 -410 as a 2000 appropriation. Section 2. This ordinance is one making an appropriation and shall take effect immediately upon its passage, approval and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this sir day of AlA UST 2000. 1, MARY PLACE, MAYOR ATTEST: CITY CLERK First Reading: 7 -18-2000 Publication Date: S Effective Date: cje 06/19/00 • RESOLUTION NO. R- 2000 -6 4 A RESOLUTION authorizing the City Manager to execute an interlocal agreement with several eastern Washington cities for the purpose of creating a common position and understanding with the Washington State Department of Ecology regarding stormwater management mandates. WHEREAS, the State of Washington, Department of Ecology ( "Ecology ") has developed rules, regulations and standards related to urban area storm water run -off for Western Washington, and WHEREAS, Ecology is in the process of drafting rules, regulations and standards for urban storm water run -off for Eastern Washington, and WHEREAS, Ecology's draft urban area storm water run -off rules, regulations and standards for Eastern Washington do not recognize any difference between Eastern Washington. and Western Washington relating to climate, topography, soil, etc., and WHEREAS, Ecology's draft urban area storm water run -off rules, regulations and standards are substantially more stringent than federal rules, regulations and standards, and WHEREAS, the Parties to the attached proposed agreement are the Cities of Wenatchee, Ellensburg, Moses Lake, Pullman, West Richland, Kennewick, Pasco, Richland, Walla Walla and Yakima; and WHEREAS, the Parties have concerns regarding the applicability of rules, regulations and standards developed by the Ecology for urban area storm water run- off developed for Western Washington to Eastern Washington, as well as the magnitude of capital investment, operation and maintenance costs related to the benefits to be obtained, and WHEREAS, the issues raised by Ecology's proposed rules, regulations and standards are complex and beyond the technical capabilities of each of the Parties individually, WHEREAS, the Parties have concerns relating to funding which would be necessary to. satisfy Ecology's draft requirements for urban area storm water run -off, management and WHEREAS, the Parties are public agencies as defined in RCW 39.34.020, who wish to enter into an agreement pursuant to Chapter 39.34 RCW; and WHEREAS, it is in the best interests of the health, safety and welfare of the City of Yakima to create a common position and understanding among the Parties to the proposed agreement and with the Washington State Department of Ecology regarding stormwater management mandates; now, therefore Page 1 of 2 • BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is authorized to execute the attached Interlocal Agreement among the Cities of Wenatchee, Ellensburg, Moses Lake, Pullman, West Richland, Kennewick, Pasco, Richland, Walla Walla and Yakima. ADOPTED BY THE CITY COUNCIL this 6th day of June 2000. /s /MARY PLACE Mary Place, Mayor ATTEST: /s /KAREN S. ROBERTS, CMC City Clerk C: \ word \ public works \ stormwater.\ res auth.doc Last printed 6/ 1/ 00 8:12 AM Page2of2 BUSINESS OF THE CITY COUNCIL • YAKIMA, - WASHINGTON . . AGENDA STATEMENT 3 Item No. For Meeting Of 6/6/00 ITEM TITLE: Resolution Authorizing City Manager and City Clerk to Execute an Interlocal Agreement Between Certain Municipalities of Eastem Washington for the Purpose of Creating a Common Position and Understanding with the Washington State Department of Ecology Regarding Stormwater Management Mandates SUBMITTED BY: Chris Waarvick, Public Works Director CONTACT PERSON/TELEPHONE: Chris Waarvick/576 -6411 SUMMARY EXPLANATION: • Staff respectfully requests City Council approval of the attached resolution authorizing the execution of the attached Interlocal Agreement between the Cities of Wenatchee, Ellensburg, Moses Lake, Pullman, West Richland, Kennewick, Pasco, Richland, Walla Walla and Yakima. The purpose of this agreement is to create a common front of eastern Washington communities faced with significant, unfunded mandates associated with Washington State Department of Ecology's (Ecology) Stormwater Guidance Manual and EPA's Phase II Stormwater requirements -- which Ecology is also the lead agency because of their primacy with respect to Clean Water Act compliance responsibilities in the State. (...Continued on next page...) Resolution X Ordinance _Contract _Other (Specify) Interlocal Agreement, Attachments Funding Source Street Fund Unappropriated Reserves • APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Staff respectfully recommends that City Council approve the attached resolution and direct staff to return to City Council with an appropriation ordinance within the Street Fund to support the financial contribution necessary for this cooperative effort. BOARD /COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. Resolution No. R- 2000 -64 agenda -sw interlocal 5/31/00 cw • Staff has provided City Council numerous briefing documents and analyses on these matters over the last 12 months. Certain staff members have attended workshops and are engaged with Ecology on Technical Advisory and policy committees. The Public Works Director has participated in an emerging federation of Public Works officials from eastem Washington concerned about the impacts of the Guidance document and Ecology's anticipated interpretation and implementation of EPA' Phase II Stormwater regulations. In order for our voice to be heard clearly over the current headlong advance in westem Washington of requirements and activities which may not make sense in eastem Washington, staff recommends the City of Yakima enter into this interlocal agreement representing nearly 300,000 residents. A part of the interlocal agreement speaks to committment of the signitory cities for a $0.10 per capita per year asessment. $30,000 would then be available for professional consulting services necessary to create and defend our positions. Yakima's share per year would be approximately $6,500. If addditional efforts are found to be necessary, staff will return to Council for the appropriate approvals. This would apply to all the parties to the agreement. Ecology is finalizing the publishing schedule of the final draft of the Stormwater Guidance document. Eastern Washington communities have expressed the desire for separate had schedule from that of western Washington or the Puget Sound area. Ecology y proposed separate schedules but recently revised that offer so that only Sections I (Minimal Technical Standards), III (Hydrologic Analysis and Flow Controls), and V (Runoff Treatment Best Management Practices) be delayed. These three sections have significant impacts on local governments. Sections II (Construction Stormwater Pollution Prevention) and IV (Source Control Best Management Practices) would be published in final draft this summer for the whole state. These sections have significant impact on the private sector including the construction industry. Ecology has asked for feedback on this proposal. A completer,. separate Guidance document for eastern Washington is the preferred alternative. It appears at this moment that Ecology will separate eastern Washington from the rest of the state in its publishing schedule for the Gudiance Document. Notwithstanding the issues surrounding the Guidance document, EPA's Phase II Stormwater requirements are forthcoming -- and Ecology is responsible for the statewide implementation of the rules. This means that the City of Yakima would have an additional National Pollution to Discharge Elimination System ( NPDES) perme the Clean year 2003. Water The city (Cwould similar best its wastewater NPDES permit. This will happen Y Y positioned to have its plan to comply with the General Permit in the year 2002. The first permit cycle (normally 5 years) would likely give the City time to "ramp up" its implementation activities within that first permit cycle. To that end, a draft implementation report (dated March 23, 2000) is attached which staff requested HDR Engineering, Inc. to prepare. To prepare for this eventuality, staff recommends that during the year 2001 budget process, Council consider creating a Stormwater fund with minimal start up resources for technical and legal activities necessary to begin preparation for Phase II compliance. Very quickly the extent of City efforts to comply with Phase 11 requirements will include adoption of a stormwater management plan, establishing basic maintenance tasks, monitoring schedules, Codes, Planning and Engineering efforts, permit administration, and implementation of a capital construction plan. City Council will need to deliberate and determine an ongoing funding mechanism -- i.e., Stormwater e disc edr moi�e similar Year 2001 affording compliance. These matters could development process. agenda -sw interlocal 5/31/00 cw F ir One matter of significant importance is the desire of certain western Washington communities (King, Snohomish and Pierce Counties''and the large cites within) to incorporate Endangered Species Act (ESA) requirements within the General Permits under Phase 11 implementation. Ecology has been advised recently by the Public Works officials referenced above that this is not currently acceptable. NPDES Phase 11 General Permits should not include ESA provisions at this time. It is the belief of the Public Works officials that this would create untimely and unnecessary exposure to additional legal risk for communities within the remedies found under the Clean Water Act for citizen suits regarding NPDES permit compliance.. Commingling these two Acts (ESA and CWA) is not recommended. City Council recently recieved an Information Transmittal discussing this matter more fully. agenda -sw interlocal 5/31/00 cw BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of: August 1, 2000 ITEM TITLE: Ordinance Amending the 2000 Street Fund Budget for Stormwater Activities SUBMITTED BY: Chris Waarvick, Director of Public Works CONTACT PERSON/TELEPHONE: Chris Waarvick, 575 -6005 SUMMARY EXPLANATION: At the June 6, 2000 City Council Business Meeting, Item No. 13, City Council approved Resolution No. R- 2000 -64 creating a ten -city interlocal agreement to coordinate an Eastern Washington response for emergency stormwater mandates. Part of this agreement also called for a ten cent per capita assessment from each of the ten cities to assist in funding this effort. • The attached appropriation ordinance makes available $7,000 from the unappropriated fund balances in the 141 -- Street Fund for these purposes. Resolution Ordinance X Other (Specify ) Contract Mail to (name and address) : Phone: Funding Source: 141 -- Street Fund APPROVED FOR SUBMITTAL : City Manager STAFF RECOMMENDATION: Read Ordinance only at the July 18, 2000 meeting; pass Ordinance after second reading at the August 1, 2000 meeting. BOARD /COMMISSION RECOMMENDATION: COUNCIL ACTION: The ordinance was read by title only; second reading scheduled August 1, 2000.