HomeMy WebLinkAboutAGENDA REPORT 1994 0216 CC REG ITEM 09BITEM /• a-& \
AGENDA R E PORT
C i t y o f Mo o r pa r k
TO: The Honorable City Council
FROM: Kenneth C. Gilbert, Director of Public Works
DATE: February 8, 1994 (Council Meeting 2- 16 -94)
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SUBJECT: Consider the Levy of an Assessment for Stormwater Quality
Efforts ( NPDES )
OVERVIEW
This public hearing has been scheduled to receive testimony on a
proposal to levy an assessment to fund all or a portion of certain
stormwater quality efforts which have been mandated by the Federal
Environmental Protection Agency.
BACKGROUND
On January 5, 1994, The City Council directed staff to schedule a
public hearing for February 16, 1994, to consider the subject
matter. Attached as Exhibit 1 is a copy of the published public
hearing notice.
DISCUSSION
A. NPDES Program
1. Federal Mandate: The Federal Clean Water Act was amended in
1987 to require the Federal Environmental Protection Agency
(EPA) to establish regulations for the issuance of permits
for storm water discharge. These regulations established the
National Pollutant Discharge Elimination System (NPDES) which
sets forth policies, regulations and procedures for the
issuance of storm water discharge permits. Administration of
this Federal program was delegated to the California Regional
Water Quality Control Board ( CRWQCB) . The NPDES program
applies to both private organizations and public agencies.
2. Joint Permit: The NPDES requires every public agency in the
country to obtain a permit. The CRWQCB requires payment of
a $50,000 fee for each NPDES permit issued. In order to
reduce costs and streamline the administrative process, it is
common for agencies to coordinate their efforts and apply for
a Joint Permit.
'PT \,p4ec1H
NPDES Permit
February 1994
Page 2
3. Implementation Agreement: In April of 1992, the City Council
approved an Agreement between the City of Moorpark, all of
the other cities in the County, the County of Ventura and the
Ventura County Flood Control District. This Agreement set
forth policies and guidelines to be followed by all of the
co- permittees in pursuing the joint efforts required to apply
for the County -wide NPDES permit and to implement the
requirements of the Permit.
4. Ventura County Storm Water Task Force: Over the past one and
one -half years representatives from all of the cities in
Ventura County have been meeting regularly as the Ventura
County Storm Water Task Force and working on efforts required
to prepare the County -wide Permit Application. The City of
Moorpark representative on this Task Force is the Director of
Public Works.
5. Ventura County Flood Control District ( VCFCD): The
Implementation Agreement designated VCFCD as the Lead Agency
in coordinating the permit application process. As such,
VCFCD chaired the Task Force. VCFCD retained the services of
a consultant, Camp, Dresser & McKee, Inc. ( CDM) , to assist in
this application process.
6. Permit Application: Sections 1, 2 & 3 of the Permit
Application was submitted to the California Regional Water
Quality Control Board (CRWQCB) on January 15, 1994. Sections
4, 5 & 6 will be submitted to the CRWQCB in March.
B. City Efforts
City efforts to comply with the requirements of the NPDES
program include the following:
1. Consultant: The City of Moorpark retained the services of
Hawks & Associates to compile and prepare certain
information. The two elements of work being developed by
Hawks & Associates is the preparation of a Master Drainage
Study and the development of a Storm Water Management
Program.
2. Master Drainage Study: The Master Drainage Study sets forth
information regarding hydrology, existing storm drains and
projected future storm drain systems. That study includes a
Storm Drain Atlas for the entire City, which is one of the
documents required to be a part of the subject permit. When
completed, the entire Master Drainage Study will be presented
to the City Council for approval.
rpt \r.pde51 H
NPDES Permit
February 1994
Page 3
3. Storm Water Management Program: This element of the
consultant's effort constitutes most of the information
required from the City of Moorpark to be submitted with the
subject Permit Application.
4. Other Efforts: Set forth below are a number of efforts being
undertaken by each of the Co- Permittees, including the City
of Moorpark, to implement the requirements of the Permit
Application and the Permit to follow.
C. VCFCD Efforts
1. Storm Water Monitoring: on behalf of all of the Co-
Permittees, VCFCD has installed and is managing a number of
storm water monitoring stations at key locations throughout
the County. These stations automatically take water samples
during storm events. The samples are later analyzed to
determine the components and constituents of the storm water
runoff. The locations of the monitoring stations were
selected to provide statistics which will be considered to be
representative of quality of storm water County -wide.
2. Permit Application: VCFCD manages the Consultant (CDM)
retained to compile data and prepare the information to be
included in the Permit Application.
D. Storm Water Task Force Efforts
1. Permit Application: The Storm Water Task Force directed the
efforts of the consultant (CDM) retained by VCFCD to develop
the Storm Water Permit Application. The focus of that effort
was to develop an application which adequately meets the
requirements of the NPDES program, but to do so in a manner
which kept costs under control. It is the view of staff that
this was accomplished.
2. Best Management Practices (BMP): The Federal and State
officials charged with the responsibility of enforcing and
implementing the NPDES program have determined that the most
cost effective way of improving storm water quality is not
through extensive analysis, testing and treatment, but
through the development and implementation of different ways
of doing things. These improved methods cover a broad
spectrum of activities from planning through construction to
on -going activities. These improved methods are generally
referred to as Best Management. Practices or BMPs. An example
of a BMP would be a description of a municipal street
sweeping program designed to effectively collect debris
before it is washed into a storm drain or water course.
rpt \npdesIR
NPDES Permit
February 1994
Page 4
With the assistance of VCFCD and its consultant, the Storm
Water Task Force has developed a number of early BMPs which
were made a part of the Permit Application. Other BMPs will
be developed and implemented as a part of efforts to comply
with the provisions of the Permit.
E. Sub - Committee Efforts
1. Illicit Discharge Control Program: A Sub - Committee of the
Storm Water Task Force has been formed to develop the BMPs to
be used by each City to locate and identify Illicit
Discharges into the Storm Drain System. This Sub - Committee
is building upon some of the early efforts undertaken by the
City of Simi Valley in developing their Illicit Discharge
Inspection Program. The staff member representing the City
of Moorpark on this Sub - Committee, is Baldemar Troche, Public
Works Management Analyst. In addition, Public Works
Maintenance personnel have been and will be participating in
certain training efforts which are being coordinated by this
Sub - Committee to enable the (ity of Moorpark to develop and
implement its own program.
2. New Development and Construction: Another Sub - Committee of
the Storm Water Task Force has been formed to discuss and
develop BMPs to be used by the engineers and planners in
reviewing and approving new development and construction
activities. Baldemar Troche is also the staff member
representing the City of Moorpark on this Sub - Committee. The
information developed by this Sub - Committee will be used as
a resource document in the future review and approval of
private developments and public projects.
3. Public Education: A third Sub - Committee of the Storm Water
Task Force has been formed to develop the BMPs to be used by
VCFCD and each Co- Permittee in the development and
implementation of a Public Fducation and Outreach Program,
which will be one of the requirements of the Permit. Again,
Baldemar Troche meets with this group as well to keep
apprised of the public outreach efforts recommended to comply
with applicable requirements of the permit.
F. Program Description and Costs
A more detailed description of the various program to be
implemented in order to comply with the Permit, will be
presented in the report to accompany Sections 4, 5 & 6 of the
Permit Application. It is anticipated that the cost of those
programs will exceed the amount of the total anticipated revenue
to be generated by the requested assessment.
rpt \npde 18
NPDES Permit
February 1994
Page 5
G. VCFCD Benefit Assessment Program
One benefit of being a Co- Permittee of the County -wide Joint
NPDES Permit is the ability to participate in the VCFCD's
Benefit Assessment Program to recover program costs. Under this
program, flood control costs are spread to benefiting properties
on the basis of the number of Benefit Assessment Units (BAU)
assigned to each property, based on the land use of the
property. The formula for computing the number of BAUs to be
assigned, uses ONE BAU for a typical single family lot.
The County of Ventura, the Ventura county Flood Control District
and all of the other cities in the County have used this benefit
assessment program to fund all or a portion of their NPDES
program costs. A re -cap of the NPDES assessments levied by each
of those agencies for FY 1993/94 is displayed as follows:
Agency _
City of Camarillo (Z -2)
City of Camarillo (Z -3)
City of Simi Valley
City of T. O. (Z -3)
City of T. O. (Z -4)
City of Santa Paula
City of Fillmore
City of Ventura (Z -1)
City of Ventura (Z -2)
City of Ojai
City of Oxnard
City of Port Hueneme
City of Moorpark
VCFCD
Moorpark
Remainder of 7, -3
Zone 1
Zone 2
Zone 4
County Unincorporated
Zone 1
Zone 2
Zone 3
Zone 4
rpt\, pdesia
Total 2,289,025
Annual Assessment ($)
__# ,BAUs
per BAU
Total
249
5.66
1,410
.,2,837
5.66
129,268
7,751
5.25
198,204
4.65
186,714
789
4.94
33,526
3,849
3.82
33,804
3 , 6 30
6.97
25,341
7"'
4.26
40,781
11,862
4.91
1:36,817
:,9>3
1.55
6,127
4+),�L s
10.28
416,518
)'001
3 . 82
19,098
9,232
0
0
)' 2 12
2.75
25,393
2.75
337,488
1.58
28, 000
2.63
25,174
�.I
2.54
184,178
411, iL 3
1.58
64,010
I ,'>
2.08
27 , 995
�)
0
0
5.62
151,257
6.88
151,222
066,
10.00
66.700
Total 2,289,025
NPDES Permit
February 1994
Page 6
H. Prior Year Moorpark Funding Sources
In the Spring of 1992 and again in the Spring of 1993, the City
Council decided to defer participation in the VCFCD Benefit
Assessment District as a means to finance this program. City
funding for the NPDES program for that period is summarized as
follows:
Source
Gas Tax
General Fund
Redevelopment
Total
FY _1992/93
$10,000
$11),000
$20,000
FY 1993/94
$27,250
$27,250
$20,000
$74,500
* This amount includes $59,000 in consultant fees for the
development of a Master Drainaqe Study ($41,000) and a
Municipal Stormwater Manaqement Proqram ($18,000).
I. Use of the Benefit Assessment Program
It is recommended that the City of Moorpark request that the
VCFCD levy, on behalf of the City, an NPDES assessment for FY
1994/95 in the amount of $5.00 per BAU. Based on the current
number of BAUs noted above, the estimated revenue would be
$46,160 [9,232 x $5.00]. Although no firm program costs are yet
available, it is anticipated that said costs will exceed this
revenue amount. If so, additional funding will still be
required from Gas Tax and other f-inds
J. VCFCD Requirements
The following is a summary of the steps required to participate
in this program.
1. VCFCD Public Hearing: Action to levy the Flood Control
Benefit Assessments will be considered at a public hearing to
be schedules in June of this year, before the Ventura County
Board Supervisors sitting as the Board of Directors for the
Ventura County Flood Control District.
2. City Public Hearing: In addition to the public hearing
before the VCFCD, the Implementation Agreement requires any
Co- permittee wishing to levy an NPDES assessment via the
VCFCD's Benefit Assessment District to conduct a public
hearing on the matter. Notification for said hearing may be
restricted to publishing in a local newspaper. Notice need
not be mailed to each proper *y c,wner.
rpr\npd"19
NPDES Permit
February 1994
Page 7
Pursuant to the direction given by the City Council on
January 5, 1994, the Public Hearing Notice attached as
Exhibit 1 was published in a local newspaper in accordance
with the requirements of the Implementation Agreement. That
Notice set February 16, 1994, as the date for the required
City public hearing.
3. Schedule for Setting Assessments: The following schedule
list certain deadlines required to be met in order to
participate in the VCFCD's Benefits Assessment District.
Date Action
January 5 Set Public Hearing
February 16 City Council sets the amount of NPDES
assessment for FY 1994/95
March 1 Co- permittees submit approved NPDES
assessment amounts to VCFCD
April 1 VCFCD staff mail notices of public
hearing before VCFCD Board to consider
Benefit Assessments for FY 1994/95
June Public Hearing before VCFCD Board to
consider setting assessments for FY
1994/95
4. Final Decision: A decision to hold the required public
hearing before the City Counc 1 1 does not obligate the City to
levy this assessment. in addition, subsequent to such a
hearing a decision to request the VCFCD to levy the
assessment is not final. Such a request could be withdrawn
any time before action is taken by the VCFCD Board of
Directors.
5. Hearing Notice: The VCFCD is required to mail a notice to
the owner of every property within the District which may be
subject to an increase in the amount to be levied for flood
control costs. Said notice must advise said property owners
of the June public hearing before the VCFCD Board of
Directors to consider the proposed increase in said
assessment. In that a request from Moorpark for a City NPDES
assessment will constitute an increase in the total amount of
the VCFCD assessment, it will be necessary for the VCFCD to
send such a notice to every owner of property within the City
of Moorpark.
rp!\npdesl9
NPDES Permit
February 1994
Page 8
6. Notification Costs: VCFCD cost for the preparation and
mailing this public hearing notice is approximately $4,000.
Those costs will be withheld from the City's NPDES revenues.
If, after the transmittal of the City's request for the levy
of an NPDES assessment, the City elects to direct the VCFCD
to not levy said assessment, any costs incurred by the VCFCD
or the County of Ventura related to the preparation and
mailing of this notices would have to be paid by the City.
RECOMMENDED ACTION
It is the recommendation of staff that the City Council direct
staff to forward to the Ventura County Flood Control District, a
request that they levy, on behalf of the City, an NPDES assessment
for FY 1994/95 in the amount of $5.00 per BAU.
rpt\nNesle
Exhibit 1
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that a public hearing will be held by the City
Council of the City of Moorpark on February 16, 1994, beginning at the
hour of 7:00 p.m. in the Council Chambers in the City Hall of said City.
Located at 799 Moorpark Avenue, California, 93021, for the purpose of
considering the subject item.
Subject: Consider the Levy of an Assessment to Fund Stormwater
Management Activities Mandated by the National Pollutant
Discharge Elimination System (NPDES)
Federally !undated Program: The United States Environmental Protection
Agency has mandated that local agencies are to undertake Stormwater
Management Efforts designed to improve the quality of stormwater runoff
into the rivers and streams of the nation. It is anticipated that this
will be an on -going effort, consistinq of a number of programs designed
to identify and remove sources of pollution from these waterways. THE
COST TO LOCAL GOVERNMENT FOR THE IMPI..EMENTATION OF THESE PROGRAMS IS A
REQUIREMENT OF FEDERAL LAW.
VCFCD Assessment District: Several years ago the Ventura County Flood
Control District (VCFCD) established a Benefit Assessment District to
fund flood control activities. Annually, VCFCD levies an assessment on
the properties within certain zones to fund these expenses. It is the
intent of the City of Moorpark to request that a portion of that
assessment for Fiscal Year 1994/91) include an amount to fund the costs
incurred by the City Eor the above described program.
Amount of Assessment: The City Council will be asked to consider the
levy of $5.00 per Benefit Assessment Unit (BAU). A single family
residential dwelling unit is assiqned one (1) BAU, with other land uses
assigned BAUs on a relative basis
NOTICE NOTICE: NOTICE
If you are unable to attend this meeting or have any questions regarding
the public hearing you may call. (805) 529 -6864 or submit your comments
in writing to the Public Works Department, at the City Hall, 799
Moorpark Avenue, Moorpark, California 9:3021.
Si tiene preguntas acerca de este proyecto, favor de llamar a Baldemar
Troche, Telefono 529 -6864.
Date: January 10, 1994
by: — -- —
Kenneth C. Gilbert, Director of Public Works
Publish Date: January 12, 1994
Inv.# Moorpark News Mirror
KOT
FROM:
DATE:
AGENDA REPORT
The Honorable City Council
Jaime Aquilera, Director of Community Developme*-�
Paul Porter, Senior Planner
February 15, 1994)
SUBJECT: REVISIONS TO CITY'S ZONING ORDINANCE
At the Planning Commission meeting on February 14, 1994, the
Planning Commission considered the new Zoning Ordinance which
contains all of the previously approved City Council changes. The
Planning Commission opened and closed the public hearing with no
one speaking at the public hearing on this matter. Staff discussed
with the Planning Commission the concept of allowing compact
parking spaces for additional spaces for development projects where
proposed projects exceeds the normal parking requirements. The
Planning Commission concurred with this concept.
Staff will review the recitals of the new Zoning Ordinance with the
City Attorney on February 16, 1994 prior to the City Council
meeting. It is only this part of the enabling ordinance that may
change.
Recommendations:
1. Open the public hearing and close the public hearing.
2. Recommend to the City Council that the City Council introduce
the Ordinance for first reading.
PP02:I5:9915:56pmA: \CC8.MEM 1
4* Ik o.$00
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, REPEALING ORDINANCE NOS. 137, 139, 145, 147,
150, 162, 163, 166 AND 167, AND ADOPTING A NEW ZONING
ORDINANCE
Whereas, on February 20, 1991, the Council adopted the
then current County Ordinance with several amendments, now known as
City of Moorpark Ordinance 137; and
Whereas, in using the Ordinance, staff and the City
Council noted that there has been a need to make several amendments
in order to clarify certain sections of the Ordinance and to better
fit the needs of the City; and
Whereas, on February 14, 1994, the Planning Commission
recommended that the City Council repeal Ordinance Nos. 137, 139,
145, 147, 150, 162, 163, 166 and 167 and adopt a new Zoning
Ordinance; and
Whereas, on February 16, 1994, the City Council held a
public hearing on the Zoning Ordinance and closed the public
hearing on February 16, 1994; and
Whereas, the City Council determined that the new Zoning
Ordinance is categorically exempt pursuant to State CEQA Guidelines
Section 15061 (b) (3) in that the proposed Zoning Ordinance does
not have the potential for causing a significant effect on the
environment; and
Whereas, the new Zoning Ordinance is being adopted by the
City Council for the benefit of the health and welfare of the
citizens of Moorpark.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. That the new Zoning Ordinance is categorically
exempt pursuant to State CEQA Guidelines Section 15061 (b) (3).
SECTION 2. That the Current Zoning Ordinance Nos. 137, 139,
145, 147, 150, 162, 163, 166 and 167 are hereby rescinded and
Zoning Regulations as enumerated in Section 3 are hereby adopted.
SECTION 4. That if any section, subsection, sentence, clause,
phrase, part or portion of this Ordinance is for any reason held to
be invalid or unconstitutional by any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council declares
that it would have adopted this Ordinance and each section,
subsection, sentence, clause, phrase, part or portion thereof,
irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, parts or portions be
declared invalid or unconstitutional.
SECTION 5. This Ordinance shall become effective thirty (30)
days after the passage and adoption.
SECTION 6. The City Clerk shall certify to the passage and
adoption of this Ordinance; shall enter the same in the book of
original ordinances of said city; shall make a minute of the
passage and adoption thereof in the records of the proceedings of
the City Council at which the same is passed and adopted; and
shall, within fifteen (15) days after the passage and adoption
thereof, cause the same to be published once in the Moorpark News,
a weekly newspaper of general circulation, as defined in Section
6008 of the Government Code, for the City of Moorpark, and which is
hereby designated for that purpose.
PASSED, APPROVED AND ADOPTED this day of , 1994.
Paul W. Lawrason, Jr.
Mayor
ATTEST:
Lillian E. Hare
City Clerk