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HomeMy WebLinkAboutAGENDA REPORT 1993 0203 CC REG ITEM 11HITEM • 14 6 - AGENDA REPORT TO: The Honorable City Council FROM: Kenneth C. Gilbert, Director of Public Works DATE: February 28, 1993 (Council Meeting 2 -3 -93) SUBJECT: Setting the Date of an Assessment Mandated by the System (NPDES) OVERVIEW `CR ?ARK, CALIFC7,'.; C.;yCoun IWIoe,;r.3 Z/3 1993 ACTION: iza,&Uru of a Public Hearing to Consider the Levy to Fund Stormwater Management Activities National Pollutant Discharge Elimination This requests authorization to s4 consider the City's participation Control District's (VCFCD) Flood District to fund City costs incurred requirements of federally mandated Elimination System (NPDES). DISCUSSION A. Background 3hedule a Public Hearing to in the Ventura County Flood Control Benefit Assessment for efforts to comply with the National Pollutant Discharge 1. NPDES: 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 stormwater discharge. These regulations established the National Pollutant Discharge Elimination System (NPDES) which sets forth policies, regulations and procedures for the issuance of stormwater discharge permits. The administration of this Federal program has been delegated to the California Regional Water Quality Control Board ( LARWQCB). 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 LARWQCB 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. rpt \npdesl3 NPDES Assessment 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 in pursuing joint efforts to apply for County -wide NPDES permit and implement the requirements of same. 4. Lead Agency: The VCFCD is designated by the Implementation Agreement as the Lead Agency in coordinating the permit application process. The District has retained the services of a consultant [Camp, Dresser & McKee, Inc. (CDM) ] to assist in the application process. 5. Phased Implementation: VCFCD has submitted a preliminary Joint Permit application to the LARWQCB. The application is now in the process of being review, revised and refined. The application provides for a phased implementation of the permit requirements. Phase I focuses on the City of Oxnard and the Calleguas Creek watershed ( Zone 3 ) which includes the cities of Simi Valley, Moorpark, Thousand Oaks and Camarillo, and adjacent County unincorporated areas. 6. Initial Efforts: Phase 1 of the permit emphasizes efforts required to investigate, assess, evaluate and document the existing conditions of the watershed. Attached as Exhibit 1 is a list of some of these requirements, as well as the proposed timeline for implementation. Some of these efforts, like the establishment of wet weather stormwater monitoring stations, are being undertaken by VCFCD on behalf of all of the Co- permittees (each City and the County). Other efforts must be undertaken by each Co- permittee. 7. City of Moorpark Stormwater Management Program: When the above mentioned Implementation Agreement was approved by the City Council in April of 1992, the City Council also took action to establish a Stormwater Management Program consistent with the requirements of the NPDES. Later in September of 1992, the City Council established a new division (Department 145) in Public Works to accurately accumulate program costs. A new revenue line item was also established within the General Fund to identify and track revenues "earmarked" for this program. B. Program Description It is anticipated that some of the program requirements (like the monitoring stations) will be undertaken by the VCFCD on behalf of all of the joint permittees. The cost for these efforts will be shared by all of the agencies in the County in rpt \npdesl3 NPDES Assessment Page 3 accordance with applicable language in the Implementation Agreement. Other efforts must be undertaken by each City. These efforts include providing the following: a) a Master Drainage Plan for the entire City; b) a Storm drain atlas and hydrological depiction of the watershed areas of the City; c) an investigation of the City's storm drain system to assess dry weather flows and to identify sources of pollutant discharges; d) the development and implementation of Best Management Practices (BMP) and other measures required by the NPDES Permit. Staff is now in the process of preparing a Request for Proposals (RFP) for professional services required to develop two of the documents required by the NPDES Permit: a City -wide Master Drainage Study and a Municipal Stormwater Management Program. C. Program Costs Like other cities across the nation, the City of Moorpark must establish and implement this program. This will be an on -going program. Initial focus is compliance with the Part 1 monitoring and assessment efforts. Although start -up costs for this initial assessment will be considerable, it is anticipated that future on -going program administrative costs will be much less. Although it is difficult to predict the total cost of the initial Part 1 effort, it is estimated that these costs will range between $100,000 to $150,000. D. VCFCD Benefit Assessment District 1. Municipal Participation: One benefit of participating in the County -wide Joint NPDES Permit is the ability to participate in the VCFCD's Benefit Assessment Program to recover program costs. The above mentioned Implementation Agreement sets forth parameters under which cities may utilize this program to fund all or only a portion of their Stormwater Quality Management Program expenses. 2. Deferred Participation: Last April, when the City Council approved the Implementation Agreement, Council decided to defer participation in this funding mechanism for anticipated expenses for Fiscal Year 1992/93. Later the FY 1992/93 Budget provided funding in the amount of $20,000 [Gas Tax: $10,000; General Fund $10,000] for this program. rpt \npdesl3 NPDES Assessment Page 4 3. Benefit Assessment Units (BAU): Every property within the VCFCD's Benefit Assessment District is assigned a number of Benefit Assessment Units (BAU) 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 number of BAU's within Zone 3 (Calleguas Creek watershed) for FY 1992/93 are listed as follows: Agency No. of BAUs City of Moorpark 9,085 City of Camarillo 22,098 City of Simi Valley 37,525 City of Thousand Oaks (Zone 3) 40,230 County unincorporated Area (Zone 3) 21,727 Total 133,935 4. FY 1992193 NPDES Participation: The following is a summary of the FY 1992/93 NPDES assessments levied by those agencies required to meet Phase 1 NPDES Permit requirements: Aaencv City of Oxnard City of Moorpark City of Camarillo City of Simi Valley City of Thousand Oaks VCFCD (Zone 3) ** unincorporated county areas (Zone Annual Assessment per BAU Total 8.46 30,699 0 0 3.37 75,000 5.25 198,500 4.65 189,000 0.99 37,400 3) 2.87 65,000 ** Includes properties within the City of Moorpark 5. City of Moorpark Assessment: It is recommended that the City of Moorpark set the NPDES assessment for FY 1993/94 at $5.00 per BAU. Based on the current number of BAUs noted above, the estimated revenue would be $45,425 [9,085 x $5.00]. Although this amount of revenue is not sufficient to fund program costs incurred in FY 1992/93 and FY 1993/94, it is anticipated that future expenses will be at a reduced level and this level of funding sustained over several years will enable the City to recover these expenses. 6. Public Hearing: 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. Attached as Exhibit 2 is a Notice setting a public hearing for this purpose for February 17, 1993. This date is recommended in order to meet the schedule set forth below. rpt \npdesl3 NPDES Assessment Page 5 7. Schedule for Setting Assessments: The following schedule sets forth the milestones required to be met in order to participate in the VCFCD's Benefits Assessment District. Date Action February 3 Set Public Hearing February 17 City Council sets the amount of NPDES assessment for FY 1993/94 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 1993/94 June 15 Public Hearing before VCFCD Board to consider setting assessments for FY 1993/94 E. Other Revenue Sources Other possible sources of revenue for this program include the Gas Tax fund and the General Fund. CONCLUSION Staff was only recently advised of the rather short timeframe being imposed on cities by the VCFCD in submitting assessment information for FY 1993/94. In order to meet the schedule described above, it is necessary to have a public hearing prior to March 1. Absent a special meeting, the hearing must be set for February 17, 1993. It is the recommendation of staff that the public hearing be set to allow the matter to be considered. RECOMMENDED ACTION Staff recommends that the City Council set February 17, 1993, as the date of a public hearing to consider setting the amount of the NPDES assessment for FY 1993/94 at $5.00 per BAU per year. rpt \npdesl3 Guidance Documents Forms, Worksheets, Formats Training, Workshops Watershed - Wide Data & Programs N Map /Data Field Screening Existing Programs Data Evaluation/ Compilation Camp Dresser d McKee Inc. b� w x � r• Q• w rt O m Activity Jon Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec pn DischarW Characterizotion Precipitation Analysis Water Quality Ancily3ls Field Screening Moriggemen Prggram Existing Programs Early Action BMP's Applicotion Co-Perm"tee Tasks Deliverable To RWQCB ~^—~---'~--'---------~--'-'~~^~~~—`--'-~'----~------------------ Camp Dresser& McKee Inc. w� � o w Ventura County NPDLS Storm Water Program Schedule TASKS 1992 1993 1994 1995 1996 1997 1998 1999 GENERAL COUNTY -WIDE DATA COMPILATION Mapping of county channels Fiscal information (BAU) Land use (gross) Exist. water quality data a a Exist. management programs GENERAL COUNTY -WIDE I3MPs Educational flyers HHW events COUNTY -WIDE, MONITORING PIZOGRAM Wet weather monitoring O goInt Pollutant load estimates DATA COMPILATION Existing legal authority Zone 3 Mapping Rainfall data Exist. water quality data Zone 2 Dry weather field screening zone. 1 & 4 Exist. management programs Fiscal resources DEVELOP MANAGEMENT PROGRAM I -T Adequate legal authority Oxnard Zone Source identification Management programs Assessment of controls Lon.2 Fiscal analysis Zones 1 k 1 PROGRAM IMPLEMENTATION Oxnard I Zane 3 Zone 2 Zones 1 Qc 4 x r• o' �'t Exl S*14 2 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 17, 1993, 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) Background: The United States Environmental Protection Agency has mandated local agencies to undertake Stormwater Management Efforts designed to improve the quality of stormwater run -off into the rivers and streams of the nation. It is anticipated that this will be an on- going program, consisting of a number of tasks designed to identify and remove sources of pollution from these waterways. 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 1993/94 include an amount to fund the costs incurred by the City for the above described program. Amount of Assessment: The City Council will be asked to consider the levy of $5.00 per Benefit Assessment Unit, or $5.00 per single family residential dwelling unit per year. 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 93021. Si tiene preguntas acerca de este proyecto, favor de llamar a Baldemar Troche, Telefono 529 -6864. Date: January 29, 1993 by: Kenneth C. Gilbert, Director of Public Works Publish Date: February 4, 1993 Inv.# Moorpark News Mirror