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Home My WebLink About1991/06/11 Item 13 COUNCIL AGENDA STATEMENT Item I~ Meeting Date 6/11/91 ITEM TITLE: a) Public Hearing on the enactment of an ordinance establishing a Storm Drain Fee b) Ordinance ~ '/I.~ Adding Chapters 3.21 and 14.16 to the Chula Vista Municipal Code to establish a Storm Drain Fee and Fund c) Resolution J/''')JjO Amending the Master Fee Schedule to add a Storm Drain Fee SUBMITTED BY: Director of Public Work~ REVIEWED BY: 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 Nat i ona 1 Poll utant Di scharge Elimination System (NPDES) permits to regulate storm water discharge into the waters of the United States. The fi na 1 vers i on of these regulat ions was issued on November 16, 1990. These permits will require agencies discharging storm water to develop management programs for the purpose of controll ing poll utants. The proposed Storm Drain Fee wi 11 pay for the establ 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 United States Envi ronmenta 1 Protect i on 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 compl iance 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 1S 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 connect i on with the NPDES program, the cost of that effort will also increase. l~-I Page 2, Item I~ Meeting Date 6/11/91 The Port District is also one of the agencies named as a co-permittee. We ant i ci pate that the Port Di stri ct wi 11 experi ence 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 Imp 1 ementat i on Agreement woul d 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 i ncl ude the establ i shment of monitori ng, detection and enforcement programs leading to the elimination of pollution in the storm water and urban runoff 1 eavi ng our boundari es. The essential 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. Pl an and conduct surveys and characteri zat ions needed to ident i fy the pollutant sources and drainage areas. 3. Prepare management programs, monitoring programs, and implementation plans. 4. Implement management programs, monitoring 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 legislation and ordinances as necessary to ensure compl iance 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. \~-2.. 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. \~~~ 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: the fee on July 1, 1991 and to review the There are two options available regarding 1. To be collected by the water companies with the sewer service charges. 2. To be collected wi th the property tax bi 11 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 contri bute to poll ut i on and there are very few developed propert i es 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 shoul d be noted that some of thi s bi 11 i ng 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 revenues estimated at $33,750 per month initially. The fee is proposed to be reviewed and revised as necessary to offset the costs of the program. SMN/mad:File #KY-181 WPC 5640E \~''-\ ORDINANCE NO. z4f.3 AN ORDcNANCE OF THE CITY OF rHULA VISTA ADDING CHAPTERS 3.21 AN9 M.16 TO THE CHULA VISTA MUNICIPAL CODE TO ESTABLISH A STORM DRAIN FEE 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 said fund. C. The fund shall be used solely for the following purposes unless the City Counci 1 appropr ia tes such funds for another purpose by a four-fifth' s vote: to pay for the services of cleaning storm drain inlets, underground drainage systems, lined and unlined storm drainage channels or ditches, and planning costs associated with compliance 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 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 -1:- 13-5 District or the Sweetwater Authority. It is necessary to require system users to pay for the services of clean1ng storm dra1n inlets, underground drainage systems, lined and unlined storm drainage channels or ditches, and planning cos ts 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 National 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 ci ty code or otherwise, the owner or occupant of any parcel of real property which parcel 1S connected to the wastewater system of the City and to a water system maintained by the Sweetwater Authority, the otay Municipal Water Distr ict, or the Cal ifornia Amer ican 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 ior to Ci ty Counc11 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 res1dences, or the furn1sh1ng of lodg1ng by the operations of hotels, auto courts, apartment houses, bungalow courts, housing units, roomin~ houses, motels, trailer parks, or the rental of property for lodging) 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- la-~ 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 Bruce John P. Lippitt, Director of Public Works 8442a /3_;-..111~-8 RESOLUTION NO. 1~~OO 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 \~-q 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 51\Reso \STORM DRAIN FEE \ ~-ID TABLB X BXXSTXNG AND PROPOSED GENERAL PLAN DESXGNATIONS AND ZONING Existing Proposed Existing Proposed General Plan General Plan Zonina Zonina Part 1: Area 1A Area IB Area 2 Area 3 Area 4 Low-Medium Low-Medium Low-Medium Low-Medium Medium-High Part 2: Low-Medium Part 3: Area 1 Area 2 Low-Medium High Medium-High Medium-High High . Low-Medium High Medium High Medium High Professional & Admin Commercial R-3 R-3 R-3 R-3 R-3 R-3-P-22 R-3-P-14 R-3 R-1 R-3 R-3 R-3-P-14 R-3 R-3-P-22 C-Q & C-Q-P C-Q-P 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 GENERAL PLAN DESIGNATIONS & ZONING LETTIERI-McIN1YRE AND ASSOCIATES /3- J ( TABLE 1 . 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I i i F STREET Ii .., N'~R~~ ~ I' I.--~ P A F K'-- ~ ~ "- -l " I CB<TER ~'O.:i- L:"---~i~- I; ; I - ,I - - - -; (/) [ - - i,1 :;. ~ :.:.r"1 ~..----~!E --- . . i f-------~o -- _ _ ' 1 i I CYPRESS STHt:t:1 L-..J i r -- - 1 r --- " I ~ __.-' . - ~- h ~ -- . - ~ "J ,--- ~ ~ > -- c( ! - - -, i - - - ..... - - - j , --~ i - - ., .~ - -- 1 - -, 0 --lz --i~ - -1 MADRONA S~T , I G S~I GENERAL PLAN/ZONING CONSISTENCY STUDY - SPECIAL STUDY AREA Bl N - PART II SCALE: 1-. 200' LETI1ERI-McIN1YRE AND ASSOCIATES I 3 - r~ - - - .. - - - - I EXHIBIT B ., I 1 i I '. II I j ,---~ . I I - E SIHt:J::1 ~ , i l _ _ . -. I - . - - -1 I , r - -- - - .... j I If.. ----- Ii ! ! - - ..j i I < t - - -..; I LANSEl.Y WAY ---I < u iLu i-- < I . '._.. _ _ -I < I ' f____ ....- f - I ~ , - - .. . -.., ~ ~(JBiREA-~ I ~ - ~ - ... " -- -- . ! ! - - -- .- , 1 . R , ! t ~ , , . ! ; '- - -'- , 1 uj H~!I I 1__ I~l I ~'i .! ~ - - - j I j I j MONTEBELLO DAVDSON . i If !~: IC/) !~ '0 I~j I I~I I . - , i ! I I I , F SlHt:J::1 I .........." ..... . , . ' -j L L__.l I ~ -- - : I ' r- --I I GENERAL PLAN/ZONING CONSISTENCY STUDY - SPECIAL STUDY AREA Bl N ~ EXHIBIT C PART III - SUBAREA 1 SCALE: 1-. 20)' LEITIERI-McINTYRE AND ASSOCIATES 13 -It{. '" 1 4, ~ ~ _,/' ,', ',.' _.... ~ ; , 1 ' . ' . '-. ~' .. ,I' ;,,',. " j r~L1BFtARY PARK I j ~ 1,', /, r,-, _ ~,~', .. '"''-' ,.. : ",' I I r - :,' > > ~> > i IL !..~, -, ,--: " - /'. r i > I ' ! i , ' -'l > ) h ill I , 1 r I -~ i J " E I I ----- ! ,~ ! ! I<!' '> ~~H , , I ~ i I , i I- i i I 1f- t I , , ~-j ! , , ,+ ~ DAVDSON STREET ,I f l J '-',\ Jt C ' :" I ! ,-. " > "';:-A'-E~ '-~;'1 i :-(. 1,.... ~ !r, ~, ! 1 I il I , STRt:t: I r I I I I Ii < ! --"1 i ---1 i - , -l I ... I -- -'-1 ~ I Ii. j I d 'HI :~t=il I~HI ! l,l CHULA VISTA I PUBLIC LIBRARY I ~ GENERAL PLAN/ZONING CONSISTENCY STUDY - SPECIAL STUDY AREA Bl N - PART III - SUBAREA 2 SCAlE: 1-. 200' LETI1ERI-McIN1YRE AND ASSOCIATES / 3 ... loS , I J I ;i j ! I '~ I i !-___ t--' , i '----- , ----- ... I --- , i i- -- i !' -- !- - - ! I 1_ ! \- - - EXHIBIT D NOTICE OF PUBLIC HEARING BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL of Chula Vista, California, for the purpose of establishing a storm drain fee of up to $1.00 per month per dwelling unit by adding Chapter 3.10 to the City Code. You may make an oral or written presentation regarding the proposed fee. If you wish to challenge the City's action on this matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence del ivered to the City Council at or prior to the public hearing. SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, June 11, 1991, at 6:00 p.m. in the Council Chambers, Publ ic Services Building, 276 Fourth Avenue, at which time any person desiring to be heard may appear. DATED: May 28, 1991 Beverly A. Authelet City Cl erk 13 -I r NOTICE OF PUBLIC HEARING BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA .. ' " t-1j,' ~ "C"~lt)J) · f(,) BY THE CITY COU~IL , U' storm dra i n fee afWl-b-J NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD of Chula Vista, Cal ifornia, for the purpose of e~ a addi, ng Chapter 3.10 to the City Code. 1", """1 ^ -e;;(eJot:IL.:,} ~v...Q..loJl ~ c--ro-X- tY' "V\--~tk..... ~~,..."".J;:<,, ~~~J ff__ (-<Jfc;,id. ~. If you wish to challenge the City's action on this matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence del ivered to the City Council at or prior to the public hearing. SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, June 11, 1991, at 6:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue, at which time any person desiring to be heard may appear. DATED: May 28, 1991 Beverly A. Authelet City Clerk f"3 -I i