HomeMy WebLinkAbout11/17/2009 08A 2010-2011 Utility Rates for Storm Drainage and Surface Water Management Utility BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. gA
For Meeting of: November 17, 2009
ITEM TITLE: Consideration of an Ordinance enacting utility rates for 2010 and 2011 for the
Storm Drainage and Surface Water Management Utility
SUBMITTED BY: Dick Zais; City Manager
•
Dave Zabell, Assistant City Manager
Scott Schafer, Wastewater Manager
CONTACT PERSON/TELEPHONE: Randy Meloy, P.E., Surface Water Engineer 509/576-
6606
SUMMARY EXPLANATION: -
This action would amend the Storm Drainage and Surface Water Management Utility
(Stormwater) Ordinance in the following way: establishes the annual base rate for a single
Equivalent Residential Unit (ERU) at forty dollars for 2010 and forty-three dollars for 2011.
Rates were developed to adequately fund activities necessary to meet the following
objectives as identified by City Council: meet minimum requirements of the NPDES permit; •
meet minimum requirements of the UIC regulations; address through safety rehabilitation
minor expansion and immediate safety needs such as flooding and hazardous conditions;
and repay Wastewater Utility and Street Fund for previous expenditures.
City Council originally provided an automatic adjustment to all
commercial/industriaVinstitutional parcels of 20% for the first two years of utility. The
adjustment was continued an additional year through Council action. Property owners now
are required to submit the documentation to demonstrate the construction and proper
operation of qualified Stormwater facilities to the Surface Water Engineer to receive an
adjustment to their fee in accordance with YMC 7.80.120.
Resolution Ordinance X Other (Specify) Supplemental staff report dated 11/17/09
Contract Mail to (name and address): Phone:
Funding Source: All Stormwater customers
1 APPROVED FOR SUBMITTAL: - City Manager
STAFF RECOMMENDATION: Staff respectfully requests the City Council to .enact the
amended Stormwater Utility ordinance as enclosed.
BOARD/COMMISSION RECOMMENDATION:
•
COUNCIL ACTION: •
Supplemental Information for Stormwater Rate Assessment
Yakima City Council
November 17, 2009
This information is provided in response to City Council's request for additional
information related to the Stormwater Utility activities as compared to other eastern
Washington communities and whether the utility is providing services that only meet the
"minimal compliance" approach as directed by City Council and the Regional
Stormwater Policy Group.
The City of Yakima has the benefit of belonging to the Regional Stormwater Group,
which has allowed the city to focus only on those tasks not addressed by Yakima County
acting as the Regional Stormwater Lead (RSL). City of Yakima has been cleaning,
inventorying and assessing the stormwater infrastructure, enforcing the Illicit Discharge
Ordinance and reviewing new private and public stormwater facilities. In years 4 and 5
of the program, the city will be mandated to adopt the construction and post-construction
ordinances and assess and immediately address underground injection control (UIC)
devices/drywells that may contaminate ground water. In addition, attend staff training
given by RSL and implement good housekeeping and best management practices along
with the associated recordkeeping. The RSL has completed model ordinances,
maintenance and operation manuals and compiled DOE annual reports. Each of the items
noted above is a requirement of the NPDES permit and/or the UIC Guidelines.
Other agencies in Eastern Washington are not operating as a group or region for their
stormwater programs. Since the RSL has been following a minimal compliance program;
they have only addressed items required under the permit at the time it is mandated. For
example, many of the cities in Eastern Washington are already working on other items
contained in years 4 and 5 of the permit. Spokane has built stormwater facilities and
integrated educational features into it. Several cities have active educational programs in
their communities to address water quality and have implemented operating and
maintenance measures.
The RSL has allowed the agencies involved to centralize tasks such as, staff training,
pubic education, ordinance development and annual reports, keeping overall costs to rate-
payers below those of other eastern Washington communities. Each community has the
ability to develop their Equivalent Residential Unit (ERU), resulting in some that are
smaller in size (such as 3,000 square feet of impervious surface compared to City of
Yakima's 3,600) and have set higher monthly rates per ERU. A rate survey in June 2009
indicated that the 2010 proposed rate of $40 annually ($3.33 per month) was below the
2009 average rate of $3.80 per month for eight cities in Eastern Washington. Many of
these agencies were reviewing their rates and considering increases from $4 to $8 per
month, while the City of Yakima was proposing a $0.43 increase per month in 2010 and
$0.68 per month in 2011.
The City of Yakima is "beyond" the minimal compliance of the NPDES permit and UIC
regulations in the following areas as directed by Council or the RSPG:
1. Address through safety rehabilitation and minor expansion immediate
safety needs such as localized flooding and hazardous conditions
2. Repay the Wastewater Utility and Street Fund for previous expenditures
3. Develop a local manual for developers. (RSL)
4. Construct a Low Impact Development (LID) test site and develop a
manual related to LID. (RSL)
5. Capital program for stormwater facilities — funded at $350,000 in 2010.
Items noted (RSL) above have been funded primarily by grants received from the
Department of Ecology. The RSL estimates that out -of -hand expenditures for the LID
project for the City of Yakima will be $28,300.
ORDINANCE NO. 2009-
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;
and amending Sections 7.80.110 of the City of Yakima Municipal Code to
reflect said fee.
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 fiscal years 2010 and 2011 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 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 forty dollars ($40.00) for 2010 and forty-three dollars ($43.00)
for 2011.
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 be applied to
commercial, industrial and institutional parcel classes if 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. (Ord. 2008-54 § 1, 2008: Ord. 2007-55 § 1, 2007: Ord.
2006-55 § 1 (part), 2006: Ord. 2005-62 § 1 (part), 2005: Ord. 2004-73 § 1 (part), 2004).
Section 2. 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.
1
Section 3. 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 17 day
of November, 2009.
ATTEST: David Ed ler, Mayor
City Clerk
Publication Date:
Effective Date:
2