TO: Mayor and Members of City Council
THRU: Adam Lindsay, Assistant City Manager
FROM: Sheila Thomas-Ambat
DATE: April 10, 2023
RE:
Title
Stormwater Control Ordinance Text Amendments for Drainage Assistance Program
end
COUNCIL DISTRICT(S):
Council District(s)
All
b
Relationship To Strategic Plan:
Goal 3: High Quality Built Environment
Goal 4: Desirable Place to Live, Work, and Recreate
Executive Summary:
Staff seeks concurrence from City Council on the attached, proposed text amendments to Section 23-3.2 of the Stormwater Control Ordinance. Section 23-3.2 consist of the City’s Drainage Assistance Program.
The proposed amendments were presented at the Council Stormwater Committee meeting on February 9, 2023 and March 9, 2023. The amendments gained consensus form the committee members and approved to move forward on consent at a Council Regular Meeting. The proposed amendments were also presented to the Stormwater Advisory Board (SWAB) at the April 4, 2023 meeting.
Normally, recommendations from advisory committees go to a work session for discussion. In this case, staff deemed the changes to be not significant enough to warrant a full work session item to discuss. However, if the Council so chooses either because they disagree or as a matter of procedural precedence, we will push this item to a future work session.
Background:
The City’s Drainage Assistance Program Ordinance was enacted in 2019 and set forth the criteria and circumstances by which Stormwater Enterprise Funds may be used for drainage assistance projects located outside of city-owned rights-of-way.
At the request of the City Council Stormwater Committee members, staff reviewed the Drainage Assistance Program Ordinance with a focus on the eligibility requirements for inclusion in the program. Review and discussion of the Ordinance took place at the December ‘22, January ‘23, February ’23, and March ‘23 monthly Council Stormwater Committee meetings.
Issues/Analysis:
Proposed amendments are as follows:
23-3.2(b) is proposed to be amended to allow for an appeals process when a site has been deemed not eligible for the program.
23.3.2(c)(7) is proposed to be amended to read - The property owner(s) acknowledge that the project will not include repair or replacement of surface features (such as trees, shrubbery, decorative walls, etc.) that may have to be removed during construction of the project;
23.3.2(c)(10) is proposed to be amended to read - The project does not include the repair, replacement, or installation of drainage infrastructure in a private road;
23-3.2(e) is proposed to be amended to read - The city's participation in eligible projects under the Drainage Assistance Program is limited to the extent to which funds are available for such purpose and no entitlement to receive funds for such work arises from this section. The city retains its right to reject, defer, or abandon any project considered under this section at any time. No action or inaction of the city pursuant to this section shall impose upon the city, its agents, officers, or employees, any responsibility or liability of any kind, past or future, relating to any person or property, unless City personnel or its agents cause damage to property. No action by the city, including, but not limited to, funding of work on drainage system components not owned by the city, shall be considered as a taking or appropriation of, or assumption of responsibility for any stream, drain, ditch or other drainage system feature that is outside city-owned property or right-of-way.
A ‘red lined’ version of the proposed amendments can be reviewed in the attached document: 23-3.2. Drainage Assistance Program_Proposed.
Budget Impact:
None
Options:
1. Approve the proposed text amendments as written in the file Sec. 23-3.2. Drainage Assistance Program_Proposed.
2. Remand the proposed text amendments back to staff for further consideration.
Recommended Action:
Approve the proposed text amendments as written in the file Sec. 23-3.2. Drainage Assistance Program_Proposed.
Attachments:
Sec. 23-3.2. Drainage Assistance Program_Proposed
Sec. 23-3.2. Drainage Assistance Program Text Amendment