Ordinance 1995-08:X15
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ORDINANCE NO. 95 - 8
ORDINANCE OF THE COUNCIL OF THE CITY OF GILROY
ADDING CHAPTER 19C TO THE GILROY CITY CODE TO PROVIDE
FOR A STORM AND SURFACE WATER MANAGEMENT
ENTERPRISE AND UTILITY.
WHEREAS, the City Council of the City of Gilroy ( "City ") is aware of
the problems facing the City relating to storm water runoff in terms of public
safety, flooding, property damage, erosion, and water quality; and
WHEREAS, all real property in the City contributes storm and surface
water runoff to the storm drainage system thereby adding to the storm drainage
problem; and
WHEREAS, all real property in the City benefits from an adequate,
functioning, storm and surface drainage system; and
WHEREAS, an inadequate or insufficiently maintained storm and surface
drainage system threatens the public health, safety, and welfare of the City by
posing hazards of flooding, unsafe street conditions, water -borne diseases and
pests, and consequential injuries and economic losses; and
WHEREAS, the City has studied the storm and surface water runoff and
the existing and proposed storm and surface water management system and associated
improvements and determined that the public convenience and necessity require that
the storm and surface water management system should be operated, maintained,
constructed and reconstructed as an enterprise and utility funded by user charges
as are other utilities of the City; and
WHEREAS, the City has adopted and enforced certain regulations
and ordinances relative to the protection of drainage -ways, wetlands, and
associated storm water management facilities which roust be enforced; and
WHEREAS, the City currently maintains the ditches, pipes, culverts,
streamways and other portions of the storm and surface water management system at a
lower level than is desirable due to funding restrictions; and
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WHEREAS, the City has developed a master drainage plan to determine the
future capital facility needs of the City storm and surface water management which
must then be funded; and
WHEREAS, the City Council of the City of Gilroy finds, therefore, that
a need exists for additional funding for the storm and surface water management
program of the City and that the use of service charges is the most equitable
method of providing this funding; and
WHEREAS, this project is exempt from the California Environmental
Quality Act ( "CEQA "), Guidelines 15061 (a) (3) and 15273;
NOW THEREFORE, the Council of the City of Gilroy does ORDAIN as
follows:
SECTION 1. Add the following as Chapter 19C of the City of Gilroy City Code:
Chapter 19C
STORM AND SURFACE WATER MANAGEMENT
Sec. 19C.1. Storm and surface water management enterprise and utility.
There shall be a Storm and Surface Water Management Enterprise and Utility
under the direction of the Director of Public Works, or his or her designee.
The duties of the Director of Public Works shall be as follows:
(a) To be responsible for the management and operations of the storm and
surface water management system;
(b) To be responsible for the capital improvements and system rehabilitation
of the storm and surface water management system;
(c) To recommend a schedule of fees to be charged for the services;
(d) To recommend regulations for the use of the storm and surface water
management system, including provisions for enforcement of said
regulations;
(e) To review all applications for new development permits within the City
for compliance with storm and surface water management regulations
included in the then - current city ordinances.
(f) To evaluate water quality concerns for discharges to the storm and
surface water management system.
(g) To coordinate as necessary other desirable activities related to storm
and surface water management, including, but not limited to, basin
planning, maintenance, operations and construction of facilities, water
quality control, contracting for services with interested municipalities
or special districts including, but not limited to, sewer, water, flood
control districts and other governmental agencies.
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(h) To prepare and manage area -wide and community - specific stormwater
management plans in response to National Pollution Discharge Elimination
System (NPDES) Permit requirements.
(i) To perform such other duties as may be required;
Sec. 19C.2. Definitions.
For the purposes of the storm and surface water management utility of the
City of Gilroy, the following words and terms shall be defined as follows,
unless the context in which they are used clearly indicates otherwise. The
definitions of words and terms set forth in the City of Gilroy City Code
shall also apply herein to the extent that they are not inconsistent
herewith:
Assembly Hall Parcels: All Parcels which currently have a land use intended
primarily for religious worship and /or related religious activities.
Commercial Parcels: All Parcels which currently have a PO Professional
office District, C1 Neighborhood Commercial District, C2 Central Commercial
District, C3 Shopping Center Commercial District, HC Highway Commercial
District or CM Commercial Industrial District land use. A Parcel which
currently has a CM Commercial Industrial District use may be designated a
"Industrial Parcel" if the use is determined by the Director of Public Works,
after consultation with the Director of Planning, to be more industrial than
commercial in nature.
Exempt Parcels: All Parcels owned by the City of Gilroy, public schools
including kindergarten, elementary, junior high, senior high or special
education schools under the jurisdiction of the State Department of Education
and State of California community or junior colleges, colleges and
universities..
Industrial Parcels: All Parcels which currently have a M1 Limited Industrial
District, M2 General Industrial District or CM Commercial Industrial District
land use. A Parcel which currently has a CM Commercial Industrial District
use may be designated a "Commercial Parcel" if the use is determined by the
Director of Public Works, after consultation with the Director of Planning,
to be more commercial than industrial in nature.
Multi - Family Parcels: All Parcels which currently have a medium (R3) or
higher density land use, such as apartments, condominiums, townhouses, and
mobile home parks.
Parcel: The smallest separately segregated lot, unit or plot of land having
an identified owner, boundaries, land use and area which is documented for
property tax purposes and given a tax lot number by the Santa Clara County
Assessor.
Primary utility Account: The City utility services account for a Parcel
within the City of Gilroy established for the payment of water or sewer or
refuse and Storm and Surface Water services by the owner, owner's designee,
or occupant. The owner, owner's designee, or Occupant on this account shall
be presumed to be the primary rate payer of City utility services for that
Parcel.
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Residential Parcels: All Parcels improved with either one single - family
detached housing unit (R1 or RH) or one two -unit attached dwelling structure
(R2) commonly known as a "duplex."
Storm and Surface Water: Water occurring on the surface of the land, from
natural causes such as rainfall, whether falling or flowing onto the land in
question.
Storm and Surface Water control Facilities: All man-made structures or
natural water course facility improvements, developments, properties or
interests therein, made, constructed or acquired for the conveyance of Storm
and Surface Water runoff for the purpose of improving the quality of,
controlling, or protecting life or property from any storm, flood or surplus
waters.
Storm Drainage Facilities: The Storm and Surface Water drainage systems
comprised of Storm and Surface Water Control Facilities and any other natural
features which store, control, treat and /or convey Storm and Surface Water.
Storm Drainage Facilities shall include all natural and man-made elements
used to convey storm water from the first point of impact with the surface of
the earth to a suitable receiving body of water or location internal or
external to the boundaries of the City. They include all pipes, appurtenant
features, culverts, streets (to the degree they act as water conveyance
facilities), curbs, gutters, pumping stations, channels, streams, ditches,
wetlands, detention /retention basins, ponds, and other Storm and Surface
Water conveyance and treatment facilities whether public or private. It is
presumed that the City has a common law right of access to all Storm Drainage
Facilities for operation, maintenance, rehabilitation, or replacement
regardless of whether or not the City shall have recorded rights -of -way or
easements,
Utility or utilities: Includes a storm and surface water management
enterprise operated as a utility of the City and all persons supplying such
services.
Vacant Parcels: All Parcels of land which are currently in a natural or
near- natural state which have not been altered in any way by the construction
or creation of impervious areas. Parcels used for grazing, growing crops,
tree farming, etc., within the Al Agriculture District and for open space
districts shall be considered to be Vacant Parcels except when modified by
the construction or creation of impervious areas.
Sec. 19C.3. Storm Drainage Fees.
There is hereby imposed on each and every Parcel within the City, and the
owners and occupants thereof, jointly and severally, a storm drainage fee.
This fee is deemed reasonable and is necessary to pay for (1) improving the
quality and control of Storm and Surface Water, (2) the operation,
maintenance, improvement, acquisition and replacement of existing Storm
Drainage Facilities, (3) the planning, design, construction, acquisition,
operation, maintenance,
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improvement and replacement of future such facilities, and (4) indebtedness
incurred for the foregoing purposes. All of the proceeds of these fees are deemed
to be in payment for use of the Storm Drainage Facilities by the Parcels on which
the fee is imposed, and by the owners and /or occupants thereof.
Storm drainage fees shall be payable monthly and shall be paid to the City
Finance Office, as billed by the City under each Parcel's Primary Utility
Account, by the owner, owner's designee, or occupant of each and every Parcel
in the City who shall be presumed to be the primary utility rate payer unless
otherwise agreed in writing by the City. In any event, the Parcel owner,
owner's designee or occupant shall be jointly and severally responsible to
pay all unpaid or delinquent storm drainage fees.
If a Parcel does not have a Primary Utility Account on the effective date of
this Ordinance, or a Primary Utility Account cannot be determined for a
Parcel with multiple utility accounts, the storm drainage fee for that Parcel
shall be billed on a new account for storm drain only which shall be
established for that Parcel and billed to the owner as shown on the latest
County Assessor's property tax rolls until such time as a Primary Utility
Account is established.
When the Primary Utility Account for a Parcel with a land use other than
Residential is closed, the storm drainage fee for that Parcel shall be
transferred to a new account for storm drain only which shall be established
immediately for that Parcel and billed to the owner as shown on the latest
County Assessor's property tax rolls until such time as a Primary Utility
Account is re- established for that Parcel.
When the Primary Utility Account for a Parcel with a land use designated
Residential is closed for more than 90 days, the storm drainage fee for that
Parcel shall be transferred to a new account for storm drain only which shall
be established for that Parcel and billed to the owner as shown on the latest
County Assessor's property tax rolls until such time as a Primary Utility
Account is re- established for that Parcel.
(1) Basis for Calculation:
Storm drainage fees shall be based on the relative contribution of Storm
and Surface Water from a given Parcel to Storm Drainage Facilities. The
relative contribution of Storm and Surface Water from each Parcel shall
be based on the Parcel's current land use and area and shall determine
that Parcel's storm drainage fee. Land use and area will be established
and updated by the City on an annual basis by the following methods:
Land Use:
(a) From the records of Parcels which are set forth in the Office of the
County Assessor; or
(b) From on -site field surveys of the Parcels made by the City or on its
behalf; or
(c) Estimation of land use using aerial photography or photogrammetry,
or from data of adjacent Parcels of like or similar zoning or as
contained in the records of the City, County or Santa Clara Valley
Water District Storm Drainage Assessment files.
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Area:
(a) From the records of Parcels which are set forth in the Office of the
County Assessor; or
(b) Computation of the area using the dimensions of the Parcels which
are set forth and contained in the records of the office of the
County Assessor; or
(c) Computation of the area using on -site measurements of the apparent
boundaries of the Parcels made by the City or on its behalf; or
(d) Estimation, calculation and computation of the area using aerial
photography or photogrammetry, or using the information and data
from on -site measurements of like or similar property or features
or as contained in the records of the City, County or Santa Clara
Valley Water District Storm Drainage Assessment files.
(2) Calculation of Storm Drainage Fees:
(a) Storm drainage fees for Parcels shall be calculated from the rates
set forth in the Utility Rate Schedule, as established from time to
time by resolution of the City Council.
(b) Rates for Parcels shall be determined in accordance with the
Parcel's area and land use factor.
(3) Application:
(a) Storm drainage fees shall apply to all Parcels within the City,
including those classified as non - profit or tax - exempt for ad
valorem tax purposes. Storm drainage fees shall apply to all
government properties, to the full extent permitted by the laws of
the United States and the State of California; provided, however,
that fees shall not apply to Exempt Parcels.
(b) Proportional Reduction of Storm Drainage fees: Parcels that have
their own privately maintained Storm Drainage Facility that do not
fully utilize other storm drainage facilities or make no
substantial or only a partial contribution of Storm and Surface
Water to other Storm Drainage Facilities shall be subject to storm
drainage fees only to the extent they do contribute Storm and
Surface Water to other Storm Drainage Facilities or utilize Storm
and Surface Water treatment services of the City. The burden of
establishing the reduced extent of contribution to Storm Drainage
Facilities or utilization of City Storm and Surface Water treatment
services shall be on the Parcel owner. Any such storm drainage fee
reduction shall be considered under the Administrative Review
Procedures herein.
Sec. 19C.4. Director of Finance to keep accounts, make collection, etc.
The duties of the Director of Finance shall be to keep all accounts with
storm drain customers, collect all accounts and assess all penalties as
hereinafter provided for in this chapter.
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sec. 190.5. sate Schedule.
Rates for the Storm Drain Utility shall be as fixed from time to time by
resolution of the Council, a copy of which shall be kept on file at the
office of the City Clerk.
Sec. 19C.6. Charge collection, billings.
Monthly storm drainage fees shall be due on the first day of the month
succeeding the month, or part thereof, in which service is rendered and shall
be delinquent after the last working day of the month in which they are
billed.
If the Director of Finance is of the opinion that a deposit is required to
protect the interests of the City, he or she may require a deposit not
exceeding the estimated amount of one year's charges. After one years
successful payment record, the deposit may be applied towards current
billings.
Sec. 19C.7. Discontinuance of sever and water service.
If all or any part of a billing is not paid, the city may discontinue any and
all services, including sewer and water, for which the billing is rendered.
Whenever sewer or water service to a premises has been discontinued, such
service shall not be reinstituted until all charges billed as a part of the
same billing, including penalties, together with such reasonable charges for
reinstitution of such service as may be fixed from time to time by the
council, have been paid.
Sec. 19C.8. Nonpayment of storm drain bill; notice to customer.
All storm drainage fee billings become delinquent if not paid on or before
the last working day of the month in which they are billed. If a bill
becomes delinquent, the Director of Finance shall send the user a written
notice that if the bill is not paid within ten (10) days, all service,
including sewer and water service, shall be discontinued and a lien may be
placed on the property in question.
Sec. 19C.9. Reconnection of service upon payment of delinquent account.
If service is discontinued because of such delinquency, a charge as
established by council resolution shall be made for reconnection; provided
that no such reconnection shall be made until the delinquent account is paid.
Sec. 19C.10. Turning on of water after service discontinued.
Where a service has been discontinued for nonpayment of bills and the owner
or consumer has turned the water on again, or permitted the same to be turned
on at that service, the meter will be turned off and locked and a charge as
established by council resolution shall be made to turn on the service.
Sec. 19C.11. Discontinuance of water service.
On failure to comply with the rules and regulations established as a
condition of the use of water, or to pay the rates or any penalty imposed in
the time and manner provided by this article, water may be shut off on any
and all services where the delinquent consumer is being supplied with water,
until payment of all amounts due is made with additional charges for
reconnection as established by council resolution.
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Sec. 19C.12. Penalty for delinquency.
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Unpaid storm drain fee billings become delinquent after the last working day
of the month in which they are billed. Upon delinquency, there shall be
imposed a basic penalty equal to ten (10) percent of the amount due for the
first month delinquent. Thereafter a penalty equal to one -half of one
percent of the amount due plus the basic penalty shall be charged for each
additional month of delinquency.
Sec. 19C.13. Customer checks returned unpaid by banks.
All checks returned to the City for non - sufficient funds or accounts closed
shall be subject to a handling fee as established from time to time by
resolution of the City Council, which shall be paid to the City, and the
billing shall be considered delinquent as set forth herein.
Sec. 19C.14. Failure to pay charges.
Upon the failure to pay any charges prior to delinquency, any one or more of
the remedies provided herein may, or where otherwise required, shall be taken
by the City or its agents to enforce payment.
Sec. 19C.15. Action for unpaid charges.
The City may bring an action in any court of competent jurisdiction, against
any one or more of the owner, owner's designee, occupant of the Parcel at the
time service was rendered, or any person guaranteeing payment of charges.
Sec. 19C.16. Billings to be a lien against property; owner to be primarily
liable.
The owner of any Parcel subject to the storm drainage fee shall be primarily
responsible for the payment of all Storm drainage fee bills arising by any
lessee or tenant or any other person occupying or using the same. Such
charges shall constitute a perpetual and continuing lien on such property
until such charges, including any penalties, shall have been paid in full.
No water shall be furnished to any property until such bill shall have been
paid in full. No water shall be furnished to any property or Parcels against
which any charge remains unpaid.
Sec. 19C.17. Action to enforce lien.
The City may bring an action in any court of competent jurisdiction to
enforce the lien of the charge and all penalties thereon.
sec. 190.18. Remedies for collection and enforcement; payment of costs.
Remedies for collecting and enforcing charges are cumulative and may be
pursued alternately, or any thereof may be used consecutively when the
Director of Finance so determines. The costs of collection and enforcement
of the remedies for the collection of charges may initially be paid from
storm drainage fee revenues. In any action, either against the persons
delinquent or to enforce the lien on a Parcel, or both, City shall be
entitled to reasonable attorney's fees and costs of recovery.
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Sec. 19C.19. Administrative review.
._ (a) Any affected owner, owner's designee, or occupant who disputes the amount
of any storm drainage fee made against a Parcel or who requests a
deferred payment schedule must request a revision or modification of such
storm drainage fee in writing to the Director of Public Works, stating
therein the reasons why such action may be appropriate. The Director of
Public Works shall consider the written request and any other information
he or she deems relevant, and render a written ruling thereon within 40
days, unless the time is extended by mutual consent. Failure to render a
written ruling within the allotted time shall be deemed a denial of the
request.
(b) If, because of an error in computing a storm drainage fee (including, but
not limited to, an incorrect determination of Parcel area or category of
land use), or because of unique or changed conditions of a particular
Parcel (including, but not limited to, the quantity or water quality of
runoff), the Director of Public Works determines that a storm drainage
fee for any Parcel is inadequate or improper, he or she may adjust the
storm drainage fee by giving written notice to the affected owner,
owner's designee, or occupant which states the former storm drainage fee,
the new storm drainage fee, and the reasons for the adjustment.
(c) The affected owner, owner's designee, or occupant may appeal any ruling,
deemed denial, or determination by the Director of Public Works pursuant
to this section by filing a written notice of appeal with the City Clerk
within 15 days after the date of deemed denial or the date the ruling or
determination is mailed. Appeals shall be heard by the City Council,
whose decision shall be final.
SECTION 2. The Storm and Surface Water Management Enterprise and Utility is
intended to provide and maintain a system adequate for a normal range of
conditions. Larger floods from Storm and Surface Water may occasionally occur
which exceed the capacity of Storm Drainage Facilities constructed and maintained
by funds made available under this division. This Ordinance does not imply that
property liable for the fees and charges established herein will always be free
from Storm and Surface Water flooding or flood damage. Nor shall this Ordinance
create a liability on the part of, or cause of action against, the City or any
officer or employee thereof for any flood damage that may result from such storms
or the runoff thereof. Nor does this ordinance purport to reduce the need or the
necessity for obtaining flood insurance.
SECTION 3. If any section, sentence, clause, or phrase of this Ordinance
adopted herewith is held to be invalid or unconstitutional by any court of
competent jurisdiction, then said holding shall in no way affect the validity of
the remaining portions of this Ordinance.
SECTION 4. This ordinance shall be in full force and effective thirty (30)
days from and after its final adoption and approval.
PASSED AND ADOPTED this 17th day of April , 1995 by the following vote:
AYES: COUNCILMEMBERS: KLOECKER, MORALES, ROGERS and VALDEZ.
NOES: COUNCILMEMBERS: GILROY, ROWLISON and GAGE.
ABSENT: COUNCILMEMBERS: None
ORDINANCE NO. 95 - 8
Im
/A?T�TEEESS(T,:
City Clerk
ORDINANCE NO. 95 - 8
KILIAN
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Ordinance No. 95 -8 is an original
ordinance, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the 17th day of April 19 95,
at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Official Seal of the City of Gilroy this 27th day of July
19 95
dClerk of the City of Gilroy
(Seal)