HomeMy WebLinkAboutR-2007-096 City of Sunnyside / City of Union Gap, Yakima County Intergovernmental AgreementsRESOLUTION NO. R - 2007 - 96
A RESOLUTION authorizing the City Manager of the City of Yakima to enter into
Intergovernmental Agreements with Yakima County and/or the Cities
of Sunnyside and Union Gap in order to initiate and maintain a regional
stormwater management program compliant with State law.
WHEREAS, the City of Yakima is now required to comply with the State of
Washington's Eastern Washington Phase 11 Municipal Stormwater General Permit,
hereinafter referred to as "Permit"; and,
WHEREAS, the Cities of Sunnyside and Union Gap and Yakima County are also
required to comply with said Permit; and,
WHEREAS, the Cities of Yakima, Sunnyside and Union Gap, as well as Yakima
County acknowledge that there are financial and consistency benefits for cooperatively
participating in a regional stormwater management program; and
WHEREAS, the Cities of Yakima, Sunnyside and Union Gap and Yakima County
have the legal authority under RCW 39.34 to enter into interlocal agreements for the
sewerage and stormwater management programs within its boundaries, consistent.. with
relevant laws;
WHEREAS, the Yakima County Treasurer has a fully developed real property tax
and assessment billing system which can be used for billing another jurisdiction's storm and
surface water management service charges when an interlocal agreement is entered into to
authorize a jurisdiction's use of that service for that purpose; and
WHEREAS, the Yakima City Council believes it to be in the best interests of the City
to cooperatively participate in a regional stormwater management program in order to take
advantage of the financial and coordination benefits available from such cooperative efforts:
and
WHEREAS, the Yakima City Council further believes that it is in the best interests of
the City to authorize the City Manager to execute such further interlocal agreement(s) as
may be necessary to fully implement the intent of the Intergovernmental Stormwater
Agreement attached hereto, as well as to provide the authorization for the County Treasurer
to bill the citizens of Yakima for the storm and surface water management service charges
for which they are responsible; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is authorized and directed to execute the Intergovernmental
Stormwater Agreement Between Yakima County And The Cities Of Yakima, Union Gap and
Sunnyside, attached hereto and incorporated herein by this reference, to form a regional
stormwater management program as detailed in the attached Interlocal Stormwater
Agreement. The City Manager is further authorized and directed to execute any further
Interlocal Agreement(s) with the parties hereto as are determined to be necessary to fulfill
the purpose of the Intergovernmental Stormwater Agreement and to authorize the City of
Yakima to use the County Treasurer's Office to bill the citizens of Yakima for the stormwater
fees generated by the Storm and Surface Water Utility.
ADOPTED BY THE CITY COUNCIL this 3`d day of July 2007.
avi• dler, Mayor
ATTEST:
70a7 -'/G
INTERGOVERNMENTAL STORMWATER AGREEMENT
BETWEEN
YAKIMA COUNTY
AND
THE CITIES OF
YAKIMA, UNION GAP AND SUNNYSIDE
THIS AGREEMENT is made and entered into between Yakima County, a municipal corporation of
the State of Washington, hereinafter referred to as "County", and the Cities of Yakima, Union '.Gap and
Sunnyside, all being municipal corporations, hereinafter referred to as "Yakima", "Union Gap" and
"Sunnyside" respectively, or "Cities" when it includes all, or'"City" when it is either Yakima, Union Gap or
Sunnyside; and,
WHEREAS, Yakima County and the Cities of Yakima, Union Gap and Sunnyside are now required
to comply with the State of Washington's Eastern Washington Phase II Municipal Stormwater General
Permit, hereinafter referred to as "Permit".; and,
WHEREAS, the County and Cities formed the Regional Stormwater Policy Group to ascertain the
most cost beneficial course of action for the Parties in order to provide the best value to their citizens
concerning NPDES II stormwater plan development for respective Municipal Separate Storm Sewer
Systems; and,
WHEREAS, the consultants hired by the Regional Stormwater Policy Group to analyze Municipal
Separate Storm Sewer System stormwater plans have provided value engineering of the plans and identified
regional opportunities to reduce costs and; and, •
WHEREAS, the County and Cities acknowledge the financial and consistency benefits of a regional
plan following the above noted joint plan studies and agree to apply as primary and co -permittees to meet the
Permit requirements of regulated small MS4s, as allowed under the Permit; and,
WHEREAS, the County and Cities have agreed that the County would administer and manage a
Permit as the primary permittee with Cities as co -permittees for the respective Municipal Separate Storm
Sewer Systems; and,
WHEREAS, the County and Cities under RCW Chapter 39.34, have the legal authority to enter into
interlocal agreements for the sewerage and stormwater management programs within its boundaries
consistent with relevant laws; and,
WHEREAS, the County and Cities have authority to operate and maintain storm and surface water
management systems and many other services as provided for under their relevant laws; and, '
WHEREAS, the County and Cities have enjoyed a strong and effective partnership and cooperation
through the Regional Stormwater Policy Group; and,
NOW, THEREFORE, in consideration of the covenants and agreements to be kept and performed by
the parties hereto, it is agreed as follows:
Section 1. Definition of Terms
Wherever the following terms are used in this agreement they shall have the following meaning
unless otherwise specifically indicated by the context in which they appear:
A. Area of Geocraphic Responsibility for the Cities means the City limits. The Area of Geographic
Responsibility for the County is the 2000 Census urbanized areas and the urbanized growth areas of
the co -permittees under the jurisdictional control of the County. This area constitutes the geographic
boundary used by Ecology to define the area of the Permit. The area does not include the city limits
of other cities within the county who may be a single permittee or are otherwise exempt from the
Eastern Washington Phase II Municipal Stormwater Permit.
B. BMP means Best Management Practice and may include, but is not limited to, a schedule of activity,
prohibition of practice, maintenance procedure, and structural and/or managerial practice that, when
used singly or in combination, prevents or reduces the release of pollutants and other adverse
impacts to receiving waters.
C. Board or BOCC means the Board of Yakima County Commissioners, its governing body.
D. Capital Improvement Project (CIP) is a constructed project facility such as a road improvement or
stormwater control facility that is generally of a durable nature.
E. Chief Executive Officer (CEO) means the designated City official responsible for managing the day-
to-day business affairs of City. This is either the City Manager for Council -Manager or Mayor for
Mayor -Council city government.
F. Council means the City Council, governing body of a City.
G. EcoloLry means the Washington State Department of Ecology.
H. Monthly Service Charge means the monthly portion of the annual costs distributed between the
Parties and paid to the County to perform tasks identified in this Agreement and Appendix A.
I. Municipal Separate Storm Sewer System (MS4) means a conveyance, or system of conveyances
(including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches,
manmade channels, or storm drains) owned or operated by the Parties that is designed or used for
collecting or conveying stormwater; which is not a combined sewer; and which is not part of a
sanitary sewer.
J. Operation and Maintenance (O&M) means the regular performance of work and corrective measures
taken to repair facilities.
K. Person means the State of Washington, any. individual, public or private corporation, political
subdivision, governmental agency, municipality, industry, co -partnership, association, firm, trust,
estate or any other legal entity whatsoever.
L. Party(ies) means the individual or collective members o_ f this Interlocal Agreement: Yakima County,
City of Yakima, City of Union Gap, City of Sunnyside.
M. Public Services Director means the designated County official responsible for managing the RSPG
business affairs for Yakima County.
N. Regional Stormwater Policy Group (RSPG) is an organization formed consisting of representatives
from the Parties whose main purpose is to review and make recommendations on regional
stormwater policies required under the Permit as well as to assist in dispute resolution between the
Parties.
O. Service Rate is a rate billed to residents and businesses within a Party's jurisdiction to support their
stormwater program.
P. Systems Development Charge is a rate billed to applicants within a Party's jurisdiction proposing
construction or development activities to cover the cost of review and approval of the applicant's
project to ensure compliance with the Permit.
Q. Total Maximum Daily Load (TMDL) means a site-specific allocation of water -borne pollutants from
all sources to a particular receiving water to comply with the State's surface water quality criteria.
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R. Undereround Injection Control (UIC) means a well that is a manmade subsurface fluid distribution
system designed to discharge fluids into the ground and consists of an assemblage of perforated
pipes, drain tiles, or similar mechanisms, or a dug hole that is deeper than the largest surface
dimension (WAC 173-21-030). UIC systems include drywells, pipe or French drains, drain fields,
and other similar devices that are used to discharge stormwater directly into the ground.
Section 2. Transfer of Responsibility
A. Purpose. The purpose for this Agreement is for the Cities to transfer the responsibility and authority for
the management of the Permit to the County with certain responsibilities retained by the Cities as specified in
Appendix A of this document. The responsibilities of the Parties are defined in this Section and Appendix A.
B. Limitations. The ownership and maintenance of facilities remains the responsibility of the Parties within
their respective jurisdictions unless specifically noted otherwise. The following stormwater program items
for each Party, are not covered under this Agreement and are not included in the estimated program costs:
• Stormwater Equipment Funding
• CEP Funding
• Program Funding Mechanism
• Stormwater Program Reserve Funding
• UIC Program requirements of Chapter 173-218 WAC
C. Division of Responsibilities
1. County will administer the Permit with the Cities maintaining specific functions, as defined in
Appendix A.
2. Parties will collect rates within their respective jurisdictions to support the Permit and program
activities defined by this Agreement.
3. Cities will provide those items and activities to the County necessary to run the program and
maintain compliance in accordance with the Permit schedule, Standards developed in accordance
with Section 3 of this Agreement and annual reporting requirements.
4. During the term of this Agreement, Parties will bring all stormwater facilities to a level of
maintenance as specified in the Permit and maintain their MS4s in order to retain Permit compliance.
5. In accordance with Standards developed in Section 3.0 of this Agreement, the Cities will provide to
the County facilities data in a compatible format to allow production by the County of a system
map(s) in conformance with Ecology requirements.
Section 3. Ordinances. Plans. and Standards.
A. The Permit requires developrrient: and implementation of ordinances that prohibit illicit discharges to the--
MS4, require erosion and sediment controls at construction sites, and require post -construction stormwater
controls at new development and re -development sites. To ensure compliance with the Permit and
consistency between jurisdictions, the County will develop model ordinances for the Cities to implement.
County agrees to work cooperatively with Cities to adapt the above models to ensure consistency with
existing City ordinances or requirements that may already be in force within the Cities. Cities agree to enact
the ordinances in a timely fashion. Cities further agree to notify County of apparent violations of the subject
ordinances of which it has knowledge, and which may constitute a violation of the Permit.
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B. The Permit requires development and implementation of O&M Plans for facilities owned by the
municipalities that include:
i. Stormwater collection and conveyance systems
ii. Roads, highways; and parking lots
iii. Vehicle fleets.
iv. Municipal buildings.
v. Parks and open space.
vi. Construction Projects.
vii. Industrial Activities.
viii. Material storage areas, heavy equipment storage areas and maintenance areas.
ix. Flood management projects.
x. Other facilities described by the Permit.
The County will develop model O&M plans for the Parties to implement. County agrees to work
cooperatively with Cities to adapt the above models to City facilities to ensure consistency with existing City
plans that may already be in place within the Cities. Cities agree to enact the adopted O&M plans in a timely
fashion in accordance with the schedule in the Permit.
C. The County will implement the requirements described in the Permit as: the primary permittee of the
Parties in this Agreement. In order for the County to successfully meet the Permit requirements, the County
will develop Standards for those items and activities that Cities will provide to the County that are necessary
to run the program and maintain compliance in accordance with the Permit schedule (Appendix A). County
agrees to work cooperatively with Cities to finalize, agree to, and sign the Standards. Cities will then provide
all required information in accordance with the Standards.
Section 4. Procedure for Modifying the Division of Responsibilities
A. Responsibilities defined in this Section and Appendix A may be modified from time to time with
approval in writing by each City CEO and the Public Services Director.
B. Responsibilities defined in this Section and Appendix A may be modified after mutual agreement with
Cities and determining the change is necessary to comply with state and/or federal permits, laws and/or
regulations. County shall not change the scope of Cities responsibilities without mutual agreement with
Cities unless there is a change in the Permit or the Cities have failed to correct any identified instances of
nonperformance related to said Permit.
C. Upon reasonable notice from the Cities to the County or from the County to the City(ies), the County
may assume or relinquish responsibility for any portion of the program defined in this Section and Appendix
A. Reasonable notice shall be at least six (6) months, unless mutually agreed to in writing by County and
Cities. Corresponding adjustments to the cost allocation shall be made at the same time to reflect the change
in responsibility upon implementation of such changes. Parties shall be responsible for correcting or paying
to have corrected any deficiencies from non-performance of the programs under their respective
responsibility.
D. If Cities' responsibilities are not performed in a timely manner and County determines that such tasks
must be performed, County may, at its sole discretion after consulting with the CEO(s) of said Cities,
perform such tasks and add the cost to charges otherwise due from the responsible Cities.
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Section 5. Additional Party Responsibilities
A. In order for the County to fulfill the requirements of the Permit, it is anticipated that the County will
occasionally require access to the Cities' MS4. Cities will allow the County access at any reasonable
time upon reasonable notice to facilitate peliciit compliance within City and City Area of Geographic
Responsibility.
B. The Parties will continue to participate in the RSPG to coordinate the regional stormwater quality effort.
The RSPG shall endeavor to meet at least quarterly, to discuss status of permit compliance and address
policy questions.
C. UIC Program. Where UICs are a part of the public MS4, the Parties will manage them and report their
activities in accordance with the terms of this agreement and the Permit. This does not relieve the Parties
from other UIC requirements under the UIC Program administered by Ecology.
D. Parties will perform maintenance or CIP within their area of geographic responsibility when permit
activities indicate a permit violation.
Section 6. Determination of Costs; Operating Procedures and Rules Relating to Expenses
A. Determination of Costs and Division of Expenses
1. The Costs to complete tasks identified in this agreement and Appendix A will be distributed on the
following percentage basis, as agreed to by the Parties:
• Yakima County15%
• City of Yakima 70%
• City of Union Gap 5%
• City of Sunnyside 10%
2. The distribution of costs will remain fixed for the duration of this agreement, per Section 6.A.1
above. In the event one or more of the Parties withdraws from this Agreement, the Parties shall
update said Section.
3. Not later than May 15 annually, the Public Services Director shall prepare a report of the costs
associated with the past permit period (February 16 - February 15), and a forecast of the cost
predicted for the next permit period.
4. Within 45 days of receipt of the annual cost forecast and consultation between Cities and County
staff, the Board of Yakima' County Commissioners shall determine and certify annually the
monthly service charge necessary for the County to complete tasks identified in this agreement
and Appendix A to comply with the Permit.
5. In the event actual expenses exceed the forecast expenses, the County may not increase the
monthly service charge due from the Cities without consultation with the Cities and certification
of a new monthly service charge by the BOCC.
6. In the event actual annual expenses are less than the forecast expenses, the County shall deduct the
excess service charges from the forecast expenses, and reduce the annual service charge for the
next permit period accordingly.
7. In the event a Party withdraws from or is for any reason removed from this Agreement, then that
Party shall be financially responsible for the actual percentage of that Party's total annual costs that
have been expended or obligated under the Agreement on that Party's behalf as of the date of
withdrawal or removal. If the Party that withdraws or is removed from the Agreement has
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provided payments under the Agreement in excess of actual expenses or obligations made on that
Party's behalf as of the date of the withdrawal or removal, then the overpayment shall be refunded
to the Party. A Party's unpaid obligations or overpayments under this subsection shall be fully
compensated to the appropriate Party within forty five (45) days of the withdrawal or removal.
The County's financial records for this Agreement shall be relied upon for determinations required
under this subsection.
B. Operating Procedures Relating to Expenses
1. The County shall establish separate accounting codes for the purpose of tracking all expenses
and service charges pursuant to the Agreement.
The Parties may at any reasonable time upon reasonable notice inspect and audit the books and
records of the County with respect to matters within the purview of the Agreement.
3. The Parties shall each prepare and submit to the County a performance report of the Permit
functions for which each is responsible. The requirements, frequency and content of the
performance report will be specified in Standards to be developed in accordance with Section
3.0 of this Agreement.
4. Upon certification of the annual monthly service charge in Section 6.A.3 above, the Cities shall
pay the monthly service charge to the County no later than the 15`'' day of each month.
5. Payments from Cities to the County overdue by sixty (60) days will be considered late.
6. Interest may accrue on late monthly payments to the County as specified in Section 6.B.6 of this
Agreement at a rate of 1.25 times the monthly Local Government Investment Pool (LGIP)
earnings rate as posted for the previous month, and will be applied each month to the unpaid
balance.
Section 7. Administrative and Operating Provisions
A. Insurance. Each Party shall obtain and maintain in full force and effect for the term of this agreement, at
its own expense, comprehensive general liability and automobile insurance policies for bodily injury, to
include death and property damage, including coverage for owned, hired or non -owned vehicles, as
applicable, for the protection of the Party, its elected and appointed officials, officers, agents, employees
and volunteers. The policies shall be primary policies, issued by a company authorized to do business in
the State of Washington, or in City or County Risk Pool and providing single limit general liability
coverage of S2,000,000 and separate automobile coverage of $1,000,000 or the limit of liability
contained in State law, whichever is greater. If either party is unable to obtain insurance as required by
this paragraph, the Parties shall cooperate on amending this Section to require types and levels of
insurance that are available. The certificates shall provide that the other Parties will receive thirty (30)
days written notice of cancellation or material modification of the insurance contract at the address listed
below. Each Party shall provide certificates of insurance to the other Parties prior to the performance of
any obligation under this agreement. If requested, complete copies of insurance policies shall be
provided to the other Parties. Each Party shall be financially responsible for their own deductibles, self-
insurance retentions, self-insurance, or uninsured risks.
B. Indemnification. This agreement is for the benefit of the Parties only. Each Party agrees to indemnify
and hold harmless the other Parties and their officers, employees, and agents, from and against all
claims, demands and causes of actions and suits of any kind or nature for personal injury, death or
damage to property or the environment on account of or rising out of the operation of this Agreement, by
the indemnifying Party, including the performance or non-performance of duties under this Agreement,
or in any way resulting from the negligent or wrongful acts or omissions of the indemnifying Party and
its officers, employees, and agents. In addition, each Party shall be solely responsible for any contract
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claims, delay damages or similar items arising from or caused by the action or inaction of that Party
under this agreement. Inability to perform a required activity or to properly perform due to insufficient
information or direction from the County per the agreements set forth herein is not a negligent act,
omission or willful misconduct of the Party charged with said performance. Performance of any activity
in compliance with this agreement, the permit, or the Standards as adopted by the Parties is not a
negligent act or omission or willful misconduct.
C. Notice of Violation or Fine. The Parties acknowledge that County , as lead agency, may receive notices
of violation or fines from state or federal agencies for violations of state or'federal rules. As the lead
agency and the entity that establishes Standards and controls payment, County shall be responsible for
responding to notices of violations. County shall invite the responsible City to participate in any
discussions with state and federal agencies regarding notices of violation involving City actions or
responsibility. The responsible City will cooperate with County in the investigation and response to any
notice of violation involving actions relating to actions or responsibilities of the City. County settlement
of permit disputes with Ecology that involve Cities shall be only with consent of said Cities. If a fine is
imposed, the responsible City shall pay the fine to the extent that the fine results from non-performance
of adopted programs or non-compliance with County, state, or federal rules or policies by the City and
those acting on behalf of the City. The City shall pay prior to the date due for payment of the fine. If
more than one Party is responsible, each responsible City's responsibility for payment will be allocated
based on the degree of responsibility and degree of fault of each responsible City. Disputes over the
amount a Party is responsible for shall be resolved by the dispute resolution process set out in Section 8
of this Agreement.
D. Delegation.. Nothing in this Agreement shall be construed as a limitation upon or delegation of the
statutory and home rule powers of any City participating in this Agreement, nor as a delegation or
limitation of the statutory powers of County. This Agreement shall not limit any right or remedy
available to Cities or County against third parties arising from illegal acts of such third parties.
Section 8, Dispute Resolution: Remedies
A. In the event of a dispute between the Parties regarding their respective rights and obligations pursuant to
this Agreement, the disputing Parties shall first attempt to resolve the dispute by negotiation. If a dispute
is not resolved by negotiation,. the exclusive dispute resolution process to be utilized by the Parties shall
be as follows:
1. Step 1. Upon failure of those individuals designated by each Party to negotiate on its behalf to reach
an agreement or resolve a dispute, the nature of the' dispute shall be put in writing and submitted to
City's CEO and the County Public Services Director, who shall meet and attempt to resolve the
issue. If the issue in dispute is resolved at this step, there shall be a written determination of such
resolution, signed by City's CEO and the County Public Services Director, which determination
shall be binding on the parties. Resolution of an issue at this step requires concurrence of both
parties' representative. If not resolved in thirty (30) days, this issue may be taken to Step 2.
2. Step 2. Upon failure of the City's CEO and the County Public Services Director to negotiate on its
behalf to reach an agreement or resolve a dispute as provided in Step 1, the nature of the dispute
shall be put in writing and submitted to the respective officials of the RSPG, who shall meet and
attempt to resolve the issue. If the issue in dispute is resolved at this step, there shall be a written
determination of such resolution, signed by City's CEO and the County Public Services Director,
which determination shall be binding on the parties. Resolution of an issue at this step requires
concurrence of both parties' representatives. If not resolved in thirty (30) days, this issue may be
taken to Step 3.
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3. Step 3. In the event a dispute cannot be resolved at .Step 2, the Parties shall submit the matter to
mediation. The Parties shall attempt to agree on a mediator. In the event they cannot agree, the
Parties shall request a list of five ^(5) 'Ynediators for the American Arbitration Association, or such
other entity or firm providing mediation services to which the Parties may further agree. Unless the
disputing Parties can mutually agree to one mediator from the list provided, each Party shall strike a
name in turn, until only one name remains. The order of striking names shall be determined by lot.
Any common costs of mediation shall be borne equally by the disputing.Parties, who shall each bear
their own costs thereof. If the issue is resolved at this step, a written determination of such
resolution shall be signed by both Parties. Resolution of an issue at this step requires concurrence by
both Parties.
4. Step 4. If any dispute is not settled in Step 3, either Party may request binding arbitration. The
Parties shall agree, within ten (10) days, on an arbitrator who shall be an attorney licensed to
practice law in Washington (or a retired attorney) or a retired Washington judge, to resolve the
dispute. If they are unable to agree on an arbitrator within ten (10) days, then each Party shall
appoint an arbitrator. The two arbitrators shall choose a third. If the choice of the second or third
arbitrator is not made within ten (10) days of the choosing of the prior arbitrator, then either Party
may apply to the presiding judge of the judicial district of Yakima County to appoint the required
arbitrator. The arbitrator(s) shall proceed according to the Washington statutes governing
arbitration, and the award of the arbitrator(s) shall have the effect therein provided. The arbitration
shall take place in Yakima County. Costs of a single or any third arbitrator shall be shared equally
by the Parties. Each Party shall pay their own arbitrator. The arbitrators may allow discovery, as
provided by Washington law and may grant any remedy or relief which the arbitrator(s) deem just
and equitable and within the scope of the agreement of the Parties, including, but not limited to,
specific performance of any obligation created under the agreement, any interim or provisional relief
that is necessary to protect the rights or property of the Parties, or imposition of sanctions for abuse
or frustrations of the arbitration process.
B. Parties may mutually agree in writing to waive any of the above steps, or to enter into alternate processes
or additional processes.
Section 9. Attorney Fees
In the event any Party shall institute arbitration as set forth in this Agreement (or any other dispute resolution
proceeding) against any other Party to this Agreement, in any way arising out of, connected with or relating
to this Agreement, the prevailing Party in that arbitration (or any other dispute resolution proceeding) shall
be entitled to recover, in addition to all other appropriate relief, the prevailing Party's costs and reasonable
attorney fees incurred in that arbitration (or any other dispute resolution proceeding), said amount to be set
by the arbitrator (or courts) before which the matter is tried, heard or decided.
Section 10. Modifications or Amendments
No amendment, change or modification to this Agreement shall be valid, unless in writing and adopted and
signed by all the Parties hereto.
Section 11. Final Acreement/Merger
This Agreement contains the final and entire agreement between the Parties and is entered into with the
understanding that all prior discussions, representations and agreements are merged into this
Intergovernmental Agreement.
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Section 12. Duration
This Agreement is for the first three (3) years of the Permit (through February 15, 2010) and will be
reviewed by all Parties at the end of the second year (February 15, 2009) for consideration of continuing the
Agreement to end of the five (5) year permit cycle, and for potential amendment of responsibilities.
A decision and written commitment to amend and/or extend the Agreement for two (2) additional years is
required from all Parties within the first three (3) months of the third permit year (May 15, 2009) or the
Agreement terminates at the end of year three (February 15, 2010). -
Section 13. Termination
Parties may terminate their obligations under this Agreement for the reasons listed below. The Permit
requires co -permittees that share responsibilities to notify Ecology of any/all amendment or termination
actions.
A. If a Party materially defaults in the terms of this Agreement and such default continues for a period of
more than thirty (30) days after written notice from the Public Services Director to the defaulting Party
specifying the nature of the default. If the default cannot reasonably be cured within thirty (30) days,
such default shall be a material breach if the breaching Party fails within thirty (30) days of written
notice to commence and pursue curative action with reasonable diligence. One Party's termination by
default does not constitute termination of the Agreement by the. remaining Parties. This Agreement will
be modified to define financial obligation of the remaining Parties.
B. If the provisions of this Agreement become impracticable due to a change in the law or other changed
circumstances, which did not exist at the time of the signing of this Agreement.
C. Any Party may withdraw from the Agreement upon thirty (30) days written notice to the other Parties.
Withdrawal of one Party does not constitute termination of the Agreement by the remaining Parties. In
the event of a Party's withdrawal this Agreement will be modified to define the financial obligations of
the remaining Parties.
Section 14. LanauaQe; Headings
Where the context so requires the singular shall be deemed to include the plural, the plural the singular, and
the masculine, feminine or neuter to mean the other. The paragraph captions shall not be used to construe or
interpret this Agreement.
Section 15. Draftinc; Construction
Each Party intends that this Agreement in all respects shall be deemed and construed to be equally and
mutually prepared by all Parties and it is hereby expressly agreed that any uncertainty or ambiguity shall not
be construed for or against any Party.
Section 16. Severability
If any provision of this Agreement shall be invalid or unenforceable in any respect for any reason, the
validity and enforceability or any such provision in any other respect and of the remaining provisions of this
Agreement shall not be in any way impaired.
Section 17. Effective Date / Counterparts
This Agreement may be signed in counterparts, with each Party hereto receiving copies of all participating
Party's fully executed signature pages. This Agreement shall become effective when executed by all Parties
hereto.
IN WITNESS WHEREOF, this instrument has been executed in duplicate by authority of lawful
actions by the Councils and Board of County Commissioners.
CITY OF YAKLNIA, WASHINGTON
By
BOARD OF YAKIMA COUNTY COMMISSIONERS
Date
ATTEST:
CITY OF UNION GAP, WA
By
Date 7 - S o 7
Excused
nd Elliott, Commissioner
TTEST: Christina Steiner
C erk of the Board
ATTEST:
CITY OF SUNNYSIDE, WASHINGTON
By
Approve o Form:• •diA/S111(
Deputy Prosecuting Attorney
APPENDIX A
SUMMARY OF RESPONSIBILITIES BETWEEN PARTIES
RELATING TO COMPLIANCE WITH THE PERMIT
Exhibit A is a spreadsheet and is attached to help clarify the regional task to be performed by the
County. Activities not listed remain the responsibility of each Party.
-The specific tasks described in the Penult will be performed either by County, each City, or jointly,
as follows, identified by Permit section number. All data, reports and information provided by the
Cities to the County shall be in accordance with the Standards that will be agreed to in Section 3C
in the main body of this Agreement.
S5.A.1 The County will develop a Stormwater Management Program (SWM.P). consistent with the
Permit requirements. The Parties will implement the SWMP in accordance with the document and
the Permit.
S5.A.3 The County will prepare written documentation of the SWMP.
S5.A.4.a The Parties will gather infolination for the SWMP. The County will maintain and use the
information in the SWMP.
S5.A.4.a.i The Parties will track and provide the number of inspections, enforcement actions,
public education activities, and provide this information to the County. The County will maintain ..
this information for the annual report.
S5.A.4.a.ii The Parties will track the costs of SWMP implementation. The County will maintain
this information for the annual report and provide upon request from Ecology.
S5.B.1.a. The Parties will jointly identify and characterize target audiences. The County will
maintain this information for use in meeting public education and outreach goals identified in the
Permit and for implementation of a public education and outreach strategy in years 4 and 5 of the
Permit.
S5.B.2.a. The County will adopt a policy or procedure for receiving public input on SWMP
development, including development and adoption of all required ordinances and regulatory
mechanisms.
S5.B.2.b. The County will make the latest SWMP available to the public and update the SWMP
annually in accordance with the Permit schedule.
S5.B.3.a The County will develop a map of the Parties' MS4 using existing GIS data and will
provide Cities with regular updates,of the map in electronic format. Cities will provide GIS updates
as the MS4 is changed in their area• of geographic responsibility, and perform data collection where
current omissions exist. The County will complete a 1/3 map by the end of the third year of the
Permit.
S5.B.3.b. The County will develop a model illicit discharge ordinance. The ordinance will be
adopted by the Parties. Parties with existing language in their Code prohibiting illicit discharges to
their MS4 shall not repeal local requirements that go beyond the requirements of the model
ordinance or the Permit, nor repeal local requirements until an ordinance is adopted.
11
S5.B.3.c The County, in cooperation with the Cities, will develop procedures assessment of spills'
and illicit discharges. Parties will implement the program within their area of geographic
responsibility with support from the County.
S5.B.3.d.ii The County will create, list and publicize a spill reporting hotline, and keep records of
calls and follow-up actions. In accordance with S5.B.3.e (below), the Parties respond to reported
spills and perform follow-up actions in their area of geographic responsibility. Cities will provide
infoimation to the County on spills reported to them by means other than the hotline.
S5.B.3.e The County will adopt and implement procedures for program evaluation. In accordance
with the Standards, Cities will provide information to the County including tracking the number and
type of spills or illicit discharges identified; number of inspections; and feedback received from
public education activities.
S5.B.3.f The County will develop, provide, and keep records of training sessions to instruct City
and County staff responsible for identification, investigation, termination, cleanup, and reporting of
illicit discharges including spills, improper disposal, and illicit connections. The Cities will
participate in these training sessions: If required, the City will provide training facilities at no cost
to the County.
S5.B.3.g The County will develop and provide training sessions to instruct City and County staff
whose normal job responsibilities might come into contact with or otherwise observe an illicit
discharge or illicit connection to the MS4 and those office personnel who might receive initial
reports of illicit discharges. The Cities will participate in these training sessions. If required, the
Cities will provide training facilities at no cost to the County.
S5.B.4.a The County will develop a model construction stormwater control ordinance in
cooperation with the 'Cities. The ordinance shall include a Rainfall Erosivity Waiver, as provided
for in the Permit. The ordinance will be adopted by the Parties. Parties with existing language in
their Code relating to construction stormwater discharges to their MS4 shall not repeal local
requirements that go beyond the requirements of the model ordinance or the Permit, nor repeal local
requirements until an ordinance is adopted.
S5.B.4.d. The County will provide training information to construction site operators regarding
erosion and sediment controls.
S5.B.4.e Public feedback regarding stormwater or sediment control will be directed to the County.
The City will participate by forwarding calls and complaints to the County, and perform follow-up
actions in their jurisdictions. Cities will provide information to the County on their follow-up
actions. The County will retain and summarize the public feedback in the annual report.
S5.B.5.a. The County will develop a model post -construction stoiinwater control ordinance in
cooperation with the Cities. The ordinance will be adopted by the Parties. Parties with existing
language in their Code relating to post -construction stormwater discharges to their MS4 shall not
repeal local requirements that go beyond the requirements of the model ordinance or the Permit, nor
repeal local requirements until an ordinance is adopted
S5.B.5.d The County will develop, provide, and keep records of training sessions to instruct City
and County staff responsible for permitting, planning, review, inspection, and enforcement of post -
12
Construction requirements. . The Cities will participate in these training sessions. If required, the
City will provide training facilities at no cost to the County.
S5.B.5.e The County will provide training information to design professionals, developers and
construction professionals regarding post -construction stormwater BMPs and retain copies of
infolination provided.
S5.B.5.f The County will keep records of all projects disturbing at least one acre, or less if part of
larger development. The Cities will provide information to the County regarding projects in their
area of geographic responsibility.
S5.B.6.a.i The County will work with the Cities to develop Operation and Maintenance (O&M)
Plans to ensure that the Party's normal municipal operations do not adversely impact stormwater
quality. The Parties will implement the plans and Cities will report annually to the County the
measures being taken in compliance with the plans. Plans will, at a minimum, address the
following types of facilities:
1. Stormwater collection and conveyance systems
2. Roads, highways, and parking lots
3. Vehicle fleets.
4. Municipal buildings.
5. Parks and open space.
6. Construction Projects.
7. Industrial Activities.
8. Material storage areas, heavy equipment storage areas and maintenance areas.
9. Flood management projects.
10. Other facilities described by the Permit
The Parties shall work cooperatively to develop the required O&M plans to ensure regional
consistency and effective MS4 operation, yet meet the unique requirements of the properties
managed by the Parties. Parties are responsible for implementing O&M plans developed for their
facilities.
S5.B.6.a.ii County and City in each area of geographic responsibility will, either separately or
jointly, inspect a minimum of 95% of stormwater facilities by the end of the third year of the Permit
(February 15, 2010). County and City in each area of geographic responsibility will conduct spot
checks of the MS4 after storm events that are greater than 10 -year return frequency. The Cities will
report to the County activities taken to inspect the MS4 following said storm events.
S5.B.6.b. The County will develop, perform and keep records of training sessions to instruct City
and County staff responsible for O&M Plan implementation.. The County will provide the training
and the City will participate in these training sessions. If required, the City will provide training
facilities at no cost to the County
13
S8.A The County will report to Ecology any sampling pursuant to TMDL or illicit discharge
investigations. No TMDLs currently affect the Party's MS4 operation. The Cities will supply
sampling results of illicit discharge investigations in accordance with the Standards.
S8.B The County will assess the effectiveness of BMPs implemented as part of the SWMP.
S9.A The County will provide an annual report to Ecology. Cities will provide necessary report
information to the County in accordance with the Standards.
S5.B.3.a Where UICs are part of the MS4, they will be included in efforts conducted under
S5.B.3.a above.
S5.B.3.b The UIC Program requirement to integrate public UICs into IDDE Ordinance will be
incorporated into section S5.B.3.b above.
S5.B.5 The UIC Program requirement to conduct UIC plan reviews and site inspections for new
UICs will be conducted by the Parties independently. Where UICs are part of post -construction
designs, this activity will be performed jointly under S5.B.5 above.
S5.B.6 . The UIC Program requirement to operate new public UICs with BMPs. will be conducted
by the Parties independently. Where UICs are part of the MS4 and Permit O&M Plans, this activity
will be performed jointly under S5.B.6 above.
14
IT A. Spreadsheet showing Permit and regional task sunmmary, permit section, responsibility, and year of deadline.
Permit
Section
HDR
BMP
Lead
Agency
Summary of Regulatory Requirement
2007
2008
2009
Develop and Implement Stormwater Management Program
S5.A.1
General
County
Develop SWMP to satisfy the 6 + 2 minimum measures
16 -Feb
Ongoing
Ongoing
S5.A.3
General
County
Prepare written documentation of SWMP
Ongoing
Ongoing
Ongoing
S5.A.4.a
General
County
From 90 days of permit, gather, maintain and use info for
SWMP
16 -May
Ongoing
Ongoing
S5.A.4.a
.i
General
County
Track number of inspections, enforcement actions, public ed
activities
16 -Feb
Ongoing
Ongoing
S5.A.4.a
.ii
General
County
Track or estimate cost of SWMP development and
implementation
Ongoing
Ongoing
1 -Jan
S5.A.5
General
County
Coordinate with other NPDES MS4 permittees
16 -Feb
Ongoing
Ongoing
NPDES SWMP Components
Public Education and Outreach
S5.B.1.a
2A
County
Identify and characterize Target Audiences
Develop
16 -Feb
Public Involvement and Participation
S5.B.2.a
County
Adopt policy for public input on SWMP development
Develop
16 -Feb
S5.B.2.b
.
3D
County
NLT May 31, 2008, make latest SWMP available to the public
& update annaually
31 -Mar
31 -Mar
Illicit Discharge Detection and Elimination
S5.B.3.a
4A
County
Develop MS4 map showing outfalls, receiving waters and
discharge areas. Complete 1/3'd of map by end of Permit year
3. The permittees must complete a. 2/3'`'s map by end of Permit
year 4 and a complete map by end of Permit.
Ongoing
Ongoing
S5.B.3.a
.ii
4A
County
Conduct field surveys to verify outfalls, etc.
Ongoing
Ongoing
15
Permit
Section
HDR
BMP
Lead
Agency
Summary of Regulatory Requiretnent
2007
2008
2009
S5.B.3.a
.iii
4A
County
Provide maps and mapping info to Ecology and other entities
Ongoing
Ongoing
Ongoing
S5.B.3.b
.i
4B
County
Prohibit through ordinance or regulation non-stormwater
discharges to MS4. NLT 30 months of permit, adopt ordinance
prohibiting illicit discharges to MS4
Develop
16 -Aug
S5.B.3.d
.ii
4D
County
NLT 2 years of pernit, list and publicize spill reporting hotline
& keep records
Develop
16 -Feb
S5.B.3.e
County
Adopt/Implement procedures for program evaluation and
assessment of spills, illicit discharges, etc.
Develop
16 -Feb
Ongoing
S5.B.3.f
County
Provide adequate training to staff responsible for illicit
discharge program
Develop
16 -Feb
Ongoing
S5.B.3.g
County
Provide training to all municipal field staff which may observe
illicit discharges
Develop
16 -Feb
Ongoing
Construction Site Stormwater Control Program
S5.B.4.a
•
5A
County
NLT 3 year of permit, adopt ordinance on sediment and
construction stormwater pollution controls
Develop
S5.B.4.a
.i
5A
County
All construction sites at least one acre construction project or
less if part of larger development
Develop
S5.B:4.a
.ii
5A
County
Require construction operators to adhere to construction
stormwater technical requirements in accordance with the
Permit.
Develop
S5.B.4.a.
.iii
5A
County
Ordinance to include enforcement procedures and actions
Develop
S5.B.4.a
.iv
5A
County
Enforcement strategy and implementation of the ordinance
Develop
S5.B.4.d
5D
County
Provide training information to construction site operators
regarding erosion and sediment controls
16 -Feb
Ongoing
Ongoing
16
Permit
Section
HDR
BMP
Lead
Agency
Summary of Regulatory Requirement
2007
2008
2009
S5.B.4.e
5E
County
Adopt/Implement procedures for receipt and consideration of
information submitted by the public
Develop
16-Feb
Post Construction Stormwater Management for New and
Re-Development
S5.B.5.a
.
6A
County
NLT 3 years of permit, adopt/implement ordinance that
requires post-construction stormwater controls
Develop
S5.B.5.d
.
6D
County
Provide adequate training for all staff in permitting, planning,
review, inspection and enforcement
16-Feb
Ongoing
Ongoing
S5.B.5.e
6E
County
Provide information to design professionals about training
available on permit compliance
16-Feb
Ongoing
Ongoing
S5.B.5.f
6H
County
Keep records of all projects disturbing at least one acre, or less
if part of larger development
16-Feb
Ongoing
Ongoing
S5.B.5.1.
i
611
County
Keep records for 5 years or until construction is completed
16-Feb
Ongoing
Ongoing
S5.B.5.f.
ii
6H
County
Keep training records - dates, course descriptions, and names
and positions of staff in attendance
16-Feb
Ongoing
Ongoing
S5.B.5.f.
iii
6H
County
Keep copies of information that is provided to design
professionals
16-Feb
Ongoing
Ongoing .
Pollution Prevention and Good Housekeeping
S5.B.6.a
.i
7A
Both
NLT 3 years of permit, develop and implement a schedule of
O&M activities (an O&M Plan) for the 10 listed items on
Section S5.B.6.A.i (pages 23 through 25 of Permit)
Develop
S5.B.6.a
.ii
7A
Both
Minimum of 95% of stormwater facilities shall be inspected
twice - Permit Year 3 and Permit Year 5
16-Feb
_
S5.B.6.a
.ii
Both
Conduct spot checks of MS4 after >10 year events
Ongoing
Ongoing
Ongoing
S5.B.6.b
7B
Both
Provide training to all employees who may have primary
construction, O&M functions that may impact WQ
16-Feb •
Ongoing
Ongoing
17
Permit
Section
1-IDR
BMP
Lead
Agency
Summary of Regulatory Requirement
2007
2008
2009
Monitoring and Program Evaluation
S8.A
2-7K
County
Report sampling pursuant to TMDL or illicit discharge
investigations
31-Mar
Ongoing
S8.B
County
Assessment of Effectiveness of BMP
16-Feb
Ongoing
Reporting and Recordkeeping
S9.A
2-7K
County
NLT March 31 of each year starting in 2008, submit Annual
Report
31-Mar
31-Mar
Underground Injection Control (UIC)
No
Require.
ment.
A2-UIC
City
UIC Register All New Public UIC
1-Jan
Ongoing
Ongoing
No
Require
meat
City
U1C Registration of Existing Public UIC (50 or less - 2009,
more than 50 - 2011)
3-Feb
S5.B.6.a
A4-UIC
City
UIC Operate New Public UICs with BMPs
16-May
S5.B.5.b
A5-UIC
City
UIC Plan Review Site Inspection - New UIC
Existing
ordinance
S5.B.6.a
B l-UIC
City
U1C Prepare SWPPP (or SP3) for Municipal Site U1C
Develop
S5.B.3.b
.iii
B2-UIC
City
UIC Integrate Public UIC into IDDE Ordinance .
Develop
16-Aug
S5.B.6.a
.ii
B3-U1C
City
UIC Public UIC Recordkeeping
16-May
S5.B.3.a
B4-U1C
City
Field Mapping of UIC
Ongoing
Ongoing
18
CITY OF UNION GAP, WASHINGTON
RESOLUTION NO. 669
A RESOLUTION authorizing the Mayor to sign an Interlocal Agreement with Yakima
County and participating cities for developing and implementing a Stormwater Management
Program.
WHEREAS, Yakima County and the participating cities, Yakima, Union Gap, and
Sunnyside are required to comply with the State of Washington's Eastern Washington Phase II
Municipal Stormwater General Permit;
WHEREAS, the County and the participating cities have formed a Regional Stormwater
Policy Group that has provided direction and analysis, and has identified cost saving measures;
and,
WHEREAS, a regional approach to the stormwater management requirements is
beneficial financially and will provide consistency among jurisdictions;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UNION GAP,
WASHINGTON, HEREBY RESOLVES as follows:
The Mayor is authorized to sign an Interlocal Agreement between Yakima County and
the Cities of Yakima, Union Gap, and Sunnyside for developing and implementing a Stormwater
Management Program for compliance with the Phase II Municipal Stormwater General Permit.
PASSED this 25th day of June 2007.
ATTEST:
Cx c—
Kathryn ` 'hompsdn, CMC, City Clerk Ro . ert F. Noe, City • ttorney
Aub . Reeves, Jr.,
ayor
APPROVED AS TO FORM:
RESOLUTION 2007-21
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SUNNYSIDE, WASHINGTON, APPROVING
INTERGOVERNMENTAL STORMWATER AGREEMENT BETWEEN
YAKIMA COUNTY AND THE CITIES OF YAKIMA, UNION GAP AND SUNNYSIDE
WHEREAS, Yakima County and the Cities of Yakima, Union Gap and Sunnyside
have engaged in discussions regarding a proposed intergovernmental agreement to
cooperate in compliance with the federal NPDES Phase II Stormwater regulation and
the recent State of Washington's Eastern Washington Phase II Municipal Stormwater
General Permit; and
WHEREAS, the parties have negotiated an intergovernmental agreement for
such purposes; and
WHEREAS, the City Council finds and determines that approval of such
agreement is in the best interests of residents of the City of Sunnyside, and will promote
the general health, safety and welfare.
NOW, THEREFORE., IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SUNNYSIDE, WASHINGTON, as follows:
Section 1. That the "Intergovernmental Stormwater Agreement," a copy of
which is attached hereto as Exhibit "A" and incorporated herein by this reference,
is hereby approved; and the City Manager is hereby authorized to execute and
administer this agreement for and on behalf of the City of Sunnyside.
Section 2. This Resolution shall be effective upon passage, approval and
signatures hereon as required by law.
PASSED this 25th day of June, 2007. �;�
ATTEST:
DEBORA :E `t`RADA, CITY CLARK
APPROVED AS TO. FORM::
MARK A. KUN ei R, CITY ATTORNEY
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. g
For Meeting of: July 3, 2007
ITEM TITLE: Consideration of Resolution Authorizing Execution of Regional
Stormwater Interlocal Agreement
SUBMITTED BY: Chris Waarvick, Director of Public Works
Doug Mayo, Wastewater Manager
CONTACT PERSON/TELEPHONE: Brett Sheffield, P.E.
Chief Engineer 509-576-6797
SUMMARY EXPLANATION:
Prior to submitting the Notice of Intent to apply for the National Pollutant Discharge Elimination
System (NPDES) Phase 2 permit on July 15, 2003, the City began working with Yakima County
and the City of Union Gap to develop a stormwater management program to comply with the
anticipated conditions of the permit. The NPDES Phase 2 permit was finalized on January 15th of
this year and went into effect on February 16, 2007. In September 2005, the cities of Moxee,
Sunnyside, Union Gap and Yakima, along with Yakima County formed a Regional Stormwater
Policy Group (RSPG), consisting of elected and appointed officials, to secure grant funding from
the Department of Ecology and to develop a regional stormwater management program that
would provide lower cost compliance, consistent design standards, a more efficient program and
address a high priority of this City Council which is to regionalize and consolidate government
services where possible.
(Continued on Page Two)
Resolution X Ordinance Other (Specify) Attachments
Contract Mail to (name and address):
Phone:
Funding Source Wastewater Fund .
APPROVED FOR SUBMITTAL: �� v City Manager
STAFF RECOMMENDATION: Approve the resolution authorizing the City Manager to
execute the attached Stormwater Interlocal Agreement.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
Resolution adopted. RESOLUTIN R-2007-96
Stormwater Agenda Item
July 3, 2007
Page 2
The first matter of business performed by the RSPG was to have a Consultant Engineering Firm
(HDR) review the proposed Stormwater Management Program that had been developed for the
Cities of Yakima and Union Gap and Yakima County. This Value Engineering Study found
savings of approximately $4,000,000 over the first five years of the program. These cost
savings were found by reducing some redundancies and following the updated schedules listed
in the final NPDES Phase 2 permit. HDR was also tasked with determining the amount of
savings available using a regional program. They determined that there was approximately
another $1,000,000 in saving using a regional program. As a result of this, an interlocal
agreement has been drafted that forms a regional stormwater program between the cities of
Yakima, Sunnyside and Union Gap and Yakima County.
It was decided by the RSPG that it would be beneficial for the Cities of Yakima, Union Gap and
Sunnyside and Yakima County to form a regional stormwater management program for the first
three years of the permit. The real work required by the permit does not begin until years 4 and
5 of the permit, and there is significant savings in the first three years of the permit if done on
the regional level. Establishing a regional stormwater management program will also save the
region approximately 50% of the permit fee every year ($15,000). Once the program is up and
running, the RSPG will determine whether it is beneficial to extend the regional stormwater
management program beyond the first three years. The interlocal agreement establishes
Yakima County as the lead agency of the regional stormwater management program and details
their responsibilities along with the responsibilities of the cities (see Appendix A). It was
determined that the fairest method to pay for the work performed by the regional stormwater
management program was by the number of household units in each jurisdiction.
Approximately 70% of the household units within the permit area reside in the City of Yakima,
15% reside in Yakima County, 10% reside in the City of Sunnyside and 5% reside in Union Gap.
HDR estimated that the regional stormwater management program costs for the first year would
be $182,000, resulting in a cost to the City of about $127,000. The second year estimated costs
are $433,000 ($303,000 — City), and the third year costs are estimated at $575,000 (City -
$403, 000).
This is not the only financial obligation that the City has with regard to the permit. The
maintenance and mapping of existing stormwater management facilities along with the following
items are not included in the regional stormwater management:
• Stormwater Equipment Funding;
• Capital Improvement Program Funding;
• Program Funding Mechanism;
• Stormwater Program Reserve Funding; and,
• UIC Program Requirements of Chapter 173-218 WAC;
Attached to this agenda statement is the proposed Regional Stormwater Interlocal Agreement
that was approved the Yakima County Board of County Commissioners on. June 26, 2007.
Another Interlocal Agreement will be coming soon between the City and County which proposes
that the City of Yakima stormwater fees be listed on the property tax statement for each City
parcel, and collected when the property taxes are paid. This methodology of collecting the
stormwater fees was discussed and approved prior to and again at the November 23, 2004
Public Hearing held on adopting the stomiwater management utility. A copy of the Council -
adopted policy issues is attached. Policy decision #20 deals with this method of collecting the
fees.
City Council Decisions on Stormwater Policy Issues
#
Policy Decisions
Council Sub -Committee
Phone Survey Results
Council Decision (3-16-04)
Recommendation
1
Should commercial/industrial sites
that retain and infiltrate their
stormwater on-site be given a
credit?
Give a 20% credit if they are in
compliance with the UIC rule.
Most of the utilities give credits
ranging from 10 — 50%
Council agreed with recommendation
2
Should schools be given a credit or
waiver?
No.
Three of the utilities waive schools
from paying the fee. One utility gave a
credit
Council agreed with recommendation
3
Should holders of industrial
stormwater permits be given a
credit?
Give a 20% credit if they have a valid
NPDES stormwater permit. (Credits
will not be accumulative, only eligible
for one credit.)
Council agreed with recommendation
4
Should churches be given a
discount or waiver?
No.
Two of the utilities waive churches
from paying the stormwater utility fee.
Council agreed with recommendation
5
Should senior citizens be given a
discount or waiver?
Low-income senior households shall be
given a credit of 20%.
Two utilities waive the senior citizens
that are exempt from paying property
taxes. Three utilities have credits for
senior citizens (in conjunction with the
other utilities).
Council agreed with recommendation
6
Should low-income households be
given discount or waiver?
No.
Council agreed with recommendation
7
Should disabled persons be given a
discount or waiver?
Low-income disables person
households shall be given a credit of
20%.
Same answer as #5
Council agreed with recommendation
8
Should DID members be given a
discount or waiver?
No.
Council agreed with recommendation
9
Should businesses that installed
stormwater treatment facilities that
discharge to the City storm drains
be given a credit?
Give a 20% credit to businesses that
have facilities that are in compliance
with the 2004 Stormwater Management
Manual for Eastern Washington.
Council agreed with recommendation
10
Should government-owned
buildings be exempt from the
utility?
No.
One utility provided a discount to
government buildings.
Council agreed with recommendation
11
Should city roads be given a
discount or waiver?
Waiver
Eleven of the utilities waived roads
from paying a stormwater fee.
Council agreed with recommendation
#
Policy Decisions
Council Sub -Committee
Phone Survey Results
Council Decision (3-16-04)
Recommendation
12
Should state roads be exempt from
the utility?
Waiver
Eleven of the utilities waived roads
from payingstormwater fee.
Council agreed with recommendation
13
Should there be a cap on the
maximum amount that a business
will pay, regardless of the number
of ERUs they have?
No.
_a
Only one utility has a maximum cap.
Council agreed with recommendation
14
What should the initial rate amount
be and what should the timing for
future rate increases be?
Begin at $1.50 per month per ERU and
increase annually by $0.75 per month
per ERU for four years
Council agreed with recommendation
15
Should agricultural parcels be
exempt from the utility?
No.
Council agreed with recommendation
16
Should vacant lands be assessed a
fee?
No.
Most of the utilities did not charge
undeveloped land a stormwater fee.
Council agreed with recommendation
17
Should parks be assessed a fee? '
No.
Council agreed with recommendation
18
Should public trails and bike paths
be billed?
No.
Council agreed with recommendation
19
Should residential properties be
divided into three classifications?
Yes.
Eight utilities had a flat rate for
residential parcels. Seven utilities had
residential rates that varied.
Council agreed with recommendation
20
How should billing be done?
Annually, as an assessment on the
County property tax bill.
Five of the utilities collect yearly, 10 of
the utilities collect monthly.
Council agreed with recommepn
21
Should a tax be imposed on the
stormwater utility? At what rate?
Staff recommends that this policy be
deferred.
Eight of 12 Washington cities surveyed
tax their stormwater utility between 6%
and 15%.
Council opted to defer this decision'
until a later date.
22
How much money should be
borrowed from other funds to pay
for stormwater program in 2004.
$250,000, to be paid back within the
first four years of the utility.
The money would enable the City to
continue to support the regional
stormwater program, and begin to build
up the City stormwater management
program.
Council agreed with recommendation