HomeMy WebLinkAbout1991/06/18 Item 9
COUNCIL AGENDA STATEMENT
ITEM TITLE: a) Public Hearing on the
Storm Drain Fee
b) Ordinance % 1./1.3
Chula Vista Municipal
Fund
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c) l~S1flution II. ~O
(f>..\)\\0..G. ~ a Storm Drain Fee
d) S'-'
St..~BMITTED BY:
Item 1i> cr
Meeting Date 6/11/91
enactment of an ordinance establishing a
Adding Chapters 3.21 and 14.16 to the
Code to establish a Storm Drain Fee and
Amending the Master Fee Schedule to add
REVIEWED BY:
Director of Public Work~
City Manage~
(4/5ths Vote: Yes___No-X-)
On December 8, 1988, the United States Environmental Protection Agency (EPA)
proposed regul at ions for the issuance of National Poll utant Di scharge
Elimination System (NPDES) permits to regulate storm water discharge into the
waters of the United States. The final version of these regulations was
issued on November 16, 1990. These permits will require agencies discharging
storm water to develop management programs for the purpose of controll ing
po 11 utants. The proposed Storm Ora in Fee wi 11 pay for the estab 1 i shment and
implementation of said programs. Fee collection is proposed to commence on
July 1, 1991.
RECOMMENDATION: That Council approve the items as described in the titles
above.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The City is facing a Federal requirement for control of storm water pollutants
that is costly to implement, and will require early planning and preparation.
The Uni ted States Envi ronmenta 1 Protection Agency (EPA) proposed regul at ions
(publ ished December 8, 1988 in the Federal Register) for the issuance of
National Pollutant Discharge Elimination System (NPDES) permits to regulate
storm water discharge into the waters of the United States. The final version
of these regulations was issued on November 16, 1990. In order to allow local
agencies an opportunity to come into compliance with the EPA requirements
gradually, the California Regional Water Quality Control Board (CRWQCB) issued
an "early" NPDES permit on July 16, 1990, to San Diego County region agencies
which exercise jurisdiction over land development matters.
The "early' permit requires us to develop a management program for the purpose
of controlling pollutants. The existing program, which is mainly a
maintenance effort, requires the City to spend approximately $46,000 to clean
its drainage facilities per year. If the level of maintenance should increase
in connection with the NPDES program, the cost of that effort will al so
increase.
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Page 2, Item 1.3
Meeting Date 6/11/91
The Port District is also one of the agencies named as a co-permittee. We
anticipate that the Port District will experience a proportionately greater
cost than most of the other agencies because of the nature of the industries
located within the District's jurisdiction and the immediacy of the industrial
activities to the bay. The implementation agreement recently approved by
Council included a formula for calculation of the portion of the annual permit
fee to be paid by each co-permittee. Under that formula each of the
co-permittees (including the Port District) share equally in one-half of the
administrative costs of the permit. The remaining one-half is shared by all
co-permittees other than the Port District on the basis of "Household"
population.
Participation in the program to a greater extent than provided in the permit
and the Implementation Agreement would need to be approved by the Board of
Port Commissioners. Discussion with Port District staff indicates that their
recommendation to the Board of Commissioners would be that the District stay
with those previously accepted limits of responsibility. .
Applicable Federal regulations require the City to carry out a large number of
new tasks regarding the management of the storm drain system. These tasks
include the establ ishment of monitoring, detection and enforcement programs
leading to the elimination of pollution in the storm water and urban runoff
1 eaving our boundari es. The essent i a 1 costs of the program result from the
completion of these tasks, which have been started in the 1990-91 fiscal year.
Major areas of effort involve the following:
1. Conduct stormwater conveyance system inspections.
2. Plan and conduct surveys and characterizations needed to identify the
pollutant sources and drainage areas.
3. Prepare management programs, monitoring programs, and implementation
pl ans.
4. Imp 1 ement management programs, mon i tori ng programs, and other plans as
required by this Order.
5. Submit stormwater conveyance system maps with periodic revisions as
necessary.
6. Prepare and submit all reports to the principal permittee in a timely
manner.
7. Enact 1 egi sl ation and ordi nances as necessary to ensure compl i ance with
the stormwater management programs and the implementation plans.
8. Pursue enforcement actions as necessary to ensure compl iance with the
stormwater management programs and the implementation plans.
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Page 3, Item l~
Meeting Date 6/11/91
9. Ensure adequate response to emergency situations such as accidental spills, leaks, illicit
discharges, etc.
10. Abide by the terms of the Implementation Agreement (approved by Council on 2/19/91).
It is estimated that staff will spend a number of hours this fiscal year involving direct and
administrative costs. It is estimated that this cost will be $76,740.
In order to establish and implement the NPDES program, it is proposed that a storm drain fee
be added to the Master Fee Schedule. The effect of the fee will be to reimburse the General
Fund appropriately for the costs associated with the NPDES program. The fee is proposed to
be initially $.70 per month per dwelling unit for single family dwellings, and six ($.06) cents
per hundred cubic feet of water consumed for multi-family, commercial, or industrial accounts
per calendar month with a $500 maximum.
The revenues are based on a total number of single family dwelling units of 27,300 and an
estimated water consumption rate of 3.1 MGD for multi-family and 3.1 MGD for commercial
usage. The total estimated annual revenues are $405,000.
The estimated direct cost of the NPDES program for FY 1991-92 is approximately $405,000.
This includes costs expected to be generated in 1990-91.
The cost breakdown is presented as follows:
Maintenance
Consultant Fees and Miscellaneous Costs
Office Equipment
Personnel
Personnel Related Costs
$ 46,000
200,000
10,000
131,000
18.000
$405,000
In future years, there will be little or no costs included for office equipment. However, the cost
of maintenance is expected to increase to reflect additional maintenance responsibilities. On the
other hand, the expense already incurred or expected to be incurred in 1990-91 will not be a cost
factor in 1992-93.
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Page 4, Item~~
Meeting Date 6/11/91
It is proposed to start collecting
fee annually for possible revision.
the means for collecting the fee:
I. To be collected by the water companies with the sewer service charges.
the fee on July 1, 1991 and to review the
There are two options available regarding
2. To be collected with the property tax bill by the County Assessor's
office.
This storm drain fee would be paid only by all parties connected to the City's
sewer system. An undeveloped property would not normally be expected to
contribute to pollution and there are very few developed properties in the
City which are not served by the sewer system.
We are still pursuing the first option with the staffs of the water
companies. If they are able to accommodate this additional billing, it will
require that new agreements providing for that payment be worked out. A final
decision would, of course, be made by their Boards of Directors if Council
chooses to pursue this option.
It should be noted that some of thi s bill ing must be accompl i shed by the
County anyway, since the Montgomery area has not been set up for sewer billing
by the water companies and, as indicated in a recent report to Council on
sewer charges for 1991-92, this situation is not proposed to be changed during
the coming year.
FISCAL IMPACT: Approximate
initially. The fee is proposed
offset the costs of the program.
revenues estimated at $33,750 per month
to be reviewed and revised as necessary to
SMN/mad:File #KY-181
WPC 5640E
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ORDINANCE NO. 2.::5 "<".'>,,,
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AN ORD1NANCE OF THE CITY OF CHULA VISTA ADDING "1{0
CHAPTERS 3.21 ANa 14.16 TO THE CHULA VISTA ~~Q
MUNICIPAL CODE TO ESTABLISH A STORM DRAIN FEE I~O~
The City Council of the City of Chula vista does ordain
as follows:
SECTION I: That Chapter 3.21 is added
Vista Municipal Code to read:
to the Chula
CHAPTER 3.21
STORM DRAIN REVENUE FUND.
Establishment of Storm Drain Revenue
Fund-Uses.
Sec. 3.21.010
A. There is established a fund to be designated as the
"Storm Drain Revenue Fund".
B. All revenues derived from the Storm Drain Fee set
forth in Chapter 14.16 shall be deposited into sald
fund.
C. The fund shall be used solely for the following
purposes unless the City Council appropriates such
funds for another purpose by a four-fifth's vote:
to pay for the serVlces of cleaning storm drain
inlets, underground drainage systems, lined and
unlined storm drainage channels or ditches, and
planning costs associa ted wi th compliance wi th the
conditions imposed upon the City by the "early
permit" issued to the City by the Regional Water
Quality Control Board on July 16, 1990 to establish
a local-level National pollutant Discharge
Elimination System (NPDES), all in accordance with
the federal Clean Water Act.
SECTION II: That Chapter 14 .16 is added to the Chula
Vista Municipal Code to read:
CHAPTER 14.16 STORM DRAIN FEE.
Sec. 14.16.010 Purpose.
The purpose of this chapter is to establish a storm
Drain Fee applicable to all parcels of real property
within the City limits connected to the wastewater
system, or the water system of the otay Municipal Water
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District or the Sweetwater Authority. It is necessary
to require system users to pay for the services of
clean~ng storm drain inlets, underground dra~nage
systems, lined and unlined storm drainage channels or
di tches, and planning costs associated wi th compl iance
with the conditions imposed upon the City by the "early
permit" issued to the City by the Regional Water Quality
Control Board on July 16, 1990 to establish a
local-level Natlonal pollutant Discharge Elimination
system (NPDES), all in accordance with the federal Clean
Water Act.
Sec. 14.16.020 Storm Drain Fee Established-Payment
Required-Real Property Defined.
A. In addition to other fees, assessments or charges
provided by the city code or otherwise, the owner
or occupant of any parcel of real property which
parcells connected to the wastewater system of the
City and to a water system maintained by the
Sweetwater Authority, the Otay Municipal Water
District, or the California American Water Company
shall pay a storm drain fee as presently
designated, or as may hereafter be amended, by
resolution in the Master Fee Schedule. Whenever an
increase is proposed in said fee, a notice of the
proposed increase shall be posted by the City Clerk
for at least ten (10) days pr~or to Clty Councll
consideration.
B. For the purposes of this section, real property
shall be deemed to be used for domestic purposes
when such property is used solely for single-family
residences, or the furnishlng of lodglng by the
operations of hotels, auto courts, apartment
houses, bungalow courts, housing units, roomin
houses, motels, tra~ er par s, or t e rental 0
property for lodglng) purposes.
C. All storm drain fee imposed under this chapter
shall be computed, collected, and subJect to the
same penalties and requirements as set forth in
Sections 13.14 .110 and 13.14 .150 relating to sewer
service charges. All proceeds of the storm drain
fee shall be deposited in the Storm Drain Revenue
Fund.
SECTION III: Operative Date. The imposition of the new
storm drain fee shall not be operative until July 18, 1991.
-2-
I~ 7-(,
SECTION IV. Effective Date. This ordinance shall take
effect and be in full force on the thirtieth day from and after
its adoption.
presented by Approved as to form by
John P. Lippitt, Director of
Public Works
8442a
.
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PROOF OF PUBUCA TION
(2015.S C.C.P.)
ST A TE OF CALIFORNIA,
County of San Diego:
I am a citizen of the United Stales and a
residenl of Ihe County aforesaid; I am over
Ihe age of eighteen years, and not a party
to or interested in the above-entitled matter.
I am the principal clerk of the printer of the
CHULA VIS1 A S1 AR.NEWS, a newspaper of
general circulation, printed and published
TWICE WEEKLY in the City of Chula Vista,
and the South Bay Judicial District, County of
Son Diego, State of Califomia, under the date
of Aug. B, 1932, Case Number 71752; that
the notice, of which the annexed is a printed
copy (set in type not smaller than nonpareil).
has been published in each regular and entire
issue of said newspaper and not in any supple-
ment thereof on the following dates, to-wit:
This space is for the County Clerk's Filing Slomp
.... ......D.RD......2.4.63.................... ............. ............
c-t.arga Elimination
Syatem(NPDES).aU In accor-
danca with the fed.,., CI..n
Water Act.
88c.14.16.02O Storm Drain
F.. ,Establlshed.Payment
Requlred-A..l Property
Defined.
A.ln addition to other ....,
a.....m.nt. or charg..
provided by the city cad. or
otherwls., the owner or 0c-
cupant of any parca' of prop-
eny which parcall. connec-
ted 10 the waMawata, .ystem
of the City and to . watar
.ystam malntalnad by the
SWHtwater Authority, the
Olay Munlcl,.1 Water Dla-
trlct. or the California Ameri-
can Wa.er Company .han
,.y a starm drain ... a. pra-
.antly dealgnateel, or.. may
h.re.ft.r be am.nded. bY
rasolutlon In the M....r Fee
Schedul..Whenever .n .in-
cr.... I. prOr,:"d In Mid
f.a. . notice 0 the propoHd
Incr.... .h.n be poetad by
the Chy Clerk for at Ie..t t.n
(10) day. prior to City Coun-
cil con.lderlltlon.
B. F9r the pur~.. of thl.
HQtlan.....I. p.....,.y .hall
be de.med to 1M ueecr for
domearic purpo... when
.uch property r. uud .00ely
f9r .Ingl..f.mlly . r..ld.n-
ce.,orthe furnl.hlng oflodg-
Ing by the oparatlone of ho-
ter..auto court.,apartment
hou.e. bungal,ow
caurte,hou.~g unit., roam-
Ing hou....mot.la,tr.ller
paru.Of' the rental of prop-
.rtylo< 'odg'n. P"....-.
C, All storm C1raln ... I..
po.KI undar thl. chapter
.hall be computed, conae-
ted,.nd subject to the Mme
plIn.III.. .nd requirement.
aa .et forth In Section.
; 13.14.110... 1=-.14.150 re-
~ I.tlng ..uwat,......IDIo.ch.r.
g...A......l....t.."et the
storm ttrliin ... ..... b. de-
c::=-~ ~\.,~ Dr.m
-;;.::.=Rn...l)~~~~;~::
storm ..... : . not be
o .. t991.
~:lt' t tON.. ..' ~'.' . '.' f~ctlve
D....1ftIS .. ,~.shall tak.e
I eff8Cl........... ."ce on the
thlrr.tV-_toIit'~d after its
;a~":'_,,':""'-,\:-
Pr...at..' ay: John
P .L1ppitt,Dlrecf(J' "ot Public I
WorkS., .
Approved by form by: Bruce
M.Boogaard.Clty Attorney.
CV01938 6122191
6/22
011 in the year 19...:1.1...
I cerlily (or declare) under penalty of perjury Ihal
the foregoing is true and correct.
Doled 01 .........C.lJ.!J..l.9.....V..t~.t.9...........................
California, this...2.2 day of .....J.J.lne........, 19..9..1.
...f:L.IM:...~...........
Signature
al Clerk
..8
Proof of Pubiicatian of
ORDINANCE NO. 2463
AN ORDINANCE OF THE
CITY OF CHULA VISTA AD-
DING CHAPTERS ".21 AND .
14.16 TO ,THE CHULA VISTA
MUNICIPAL CODE TO es-
TABLISH A, STORM DRAIN
FEE
The City Council of the City
of Chl,lta Vista does ordain as
follows:
SECTION I: That Chapter
3.21 Is added to the ehula
Vista Municipal Code to read:
CHAPTER 3.21 STORM
DRAIN REVENUE FUND.
a.c.3.21.010 Eet.b-
I lI.hment of Storm Drain R..
: venue Fund-U...
A. Th.... I. HI.bU.hed .
fund to be dulgnated ..
Ih."$lorm Drain Revenue
Fund".
B. All ...veoo.. derived
trom the Storm DrIIln F.. HI
forth In Ch.pter 14.16 .hall
ba depo.lted Into ..Id fund.
C. The fund ah.11 be used
'-olely tor th. ~Iowtng pur-
po... unl... the eny coun-
cil approprl.te. suoh fund.
tor another pu~. by,.
tour-flfth's vote: to pay for
the .ervlce. or cle.nlng
'atorm drain Inlet.. under-
ground drlllnage .yatem.,
fined and unRn.d .torm
dr.lnage ch.nnel. or dlt-
che.. and planning ooata....
socl.tad with compll.nce
with the conditione Im~.ed
upon the City by the '..rly
parmlt"I..ued to the City by
the Reglanal Water Quality
Control Bo.rd on July
16.1990 to ....bUM a local-
leva' National Pollutant 01..
.ha..E-......m
(NPDI . ,",ora iNInrd.nce
with t .CIiMft Water
Act. . ""'-"'. ", .~.,
SECTrdH-rt: 'II' ' h~18r
14.16 .,IIdd8It. . ._' ..~.. ,Chura
Vrsta....nlCrIiaI~, 'taad:
CHAPTEA- ......1~, ORM
. '..L.......:
DRAIN.FEE.'~:'..g';
Sec. 14.1..010 .'. '.. .. ...
The purpae. ill . Ch.p-
ter I. to ........4.; Slonn
Drain Fee.,.. ..' . to .n
parce.. .. '~,:2~perty
within theetty Ibl'lMWMfiGnnec-
ted tlil Ute ....lIIwa-t.r
I system or 1M ___,ayatem I
at tha enay -Municipal Water :
District or the Sweetwater
Authority.!t I. nac....ry to
, require syatem ueers to p.y
I for the s.rwlc.. of cle.nlng
storm drain Inleta, under-
ground dr.lnage .yatem..
\ nnad .nd unlined atorm
1 drainage channel. or dit-
ches, .nd planning coats a..
soclated with compll.nce
with the conditions Imp'oeed
upon the City by the 'early
permit" IHued to the City by
the Regional Water Qu.lhy
Control Board on JUlY, 16.
1 ggO 10 e.labll.h a acel_
RESOLUTION NO.
l~doO
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE MASTER FEE SCHEDULE
TO ADD A STORM DRAIN FEE
The City Council of the city of Chula vista does hereby
resolve as follows:
WHEREAS, it has become necessary to charge system users
fOr the costs of maintenance of the storm drain system, including
costs of compliance with the federal Clean Water Act to establish
a local program implementing the National Pollutant Discharge
Elimination System (NPDES); and
WHEREAS, the Council will adopt an ordinance creating a
Storm Drain Fee, effective July 18, 1991 in the amount set forth in
the Master Fee Schedule.
NOW, THEREFORE, BE IT RESOLVED by the city Council of the
City of Chula vista that the Master Fee Schedule is amended,
effective July 18, 1991 by adding the following:
Section 14.16.020
storm Drain Fee.
In addition to other fees, assessments or charges
provided by the city code or otherwise, the owner or
occupant of any parcels of real property which parcel is
connected to the wastewater system of the city and to a
water system maintained by the Sweetwater Authority, the
Otay Municipal Water District or the California-American
Water Company shall pay a storm drain fee as follows,
applicable to the first whole billing period subsequent
to July 18, 1991:
A. Domestic, Single Family: The domestic storm drain
fee for each single family dwelling unit serviced
by a separate water meter shall be $.70 per month;
B. Domestic, MUlti-family, and Commercial and
Industrial: a monthly storm drain fee for parcels
of real property used for domestic purposes as
herein defined other than single family dwellings,
and commercial and industrial establishments, and
serviced by a water meter, shall be at the rate of
$.06 per each one hundred cubic feet of water usage
by such parcel, but in no case more than $500.00
per month.
C.
Montgomery Area: Notwithstanding
prov1s1ons, an annual Storm Drain Fee
in the former Montgomery area shall
the above
for parcels
be at the
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Presented by
following rates:
1..
Domestic Single Family
mobilehomes): $8.40 per year.
(including
2.
Domestic MUlti-Family and Commercial and
Industrial: $.06 per hundred cubic feet of
water usage, based on the prior year's actual
consumption, subject to annual adjustment for
overage or underage based on current year's
actual consumption; but in no case shall be
more than $6,000 per year. These rates will
be collected on the annual tax bill by the San
Diego County Tax Collector.
Approved as to form by
Director of
John P. Lippitt,
Public Works
c:\wp Sl\Reso
\STORM DRAIN FEE
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TABLB l:
BJrl:8Tl:lfG UD PROPOSBD GBJlBRAL PLU DBSIGIfATl:OIfS UD ZOlfllfG
Existing Proposed Existing Proposed
General Plan General Plan Zonina Zonina
Part 1:
Area 1A Low-Medium Medium-High R-3 R-3-P-22
Area 1B Low-Medium Medium-High R-3 R-3-P-14
Area 2 Low-Medium High R-3 R-3
Area 3 Low-Medium . Low-Medium R-3 R-l
Area 4 Medium-High High R-3 R-3
Part 2: Low-Medium Medium High R-3 R-3-P-14
Part 3:
Area 1 Low-Medium Medium High R-3 R-3-P-22
Area 2 High Professional C-Q & C-Q-P
& Admin C-Q-P
Commercial
Low-Medium Density Residential = 3-6 d.u. per gross acre
Medium-High Density Residential - 11-18 d.u. per gross acre
High Density Residential = 18-27 d.u. per gross acre
EXISTING AND PROPOSED TABLE
GENERAL PLAN DESIGNATIONS & ZONING 1
LETllERI-McIN1YRE AND ASSOCIATES
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