HomeMy WebLinkAboutAGENDA REPORT 2010 0616 CC REG ITEM 09H ITEM 9.H.
C1TV OF MOORPARK,CALIFORNIA.
City Council Meeting
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MOORPARK CITY COUNCIL Acnow
AGENDA REPORT
TO: The Honorable City Council
FROM: Yugal K. Lail, City Engineer/Public Works Director V ��
Prepared By: Shaun Kroes, Senior Management Analyst '
DATE: June 4, 2010 (CC Meeting of 06/16/10)
SUBJECT: Consider Resolution Revising Stormwater Inspection Fees and
Establishing New Fees Consistent with Sections 8.52.150, 8.52.160 and
8.52.170 of the Moorpark Municipal Code (Business Inspection)
Relating to Stormwater Quality Management
SUMMARY
On April 16, 2008, City Council adopted Resolution 2008-2704, which established
Business Inspection Fees and Re-inspection Fees (Fees) for stormwater inspections
provided at automotive and food service facilities. Since the adoption of the Resolution,
the Los Angeles Regional Water Quality Control Board (RWQCB) approved a new
Municipal Storm Water National Pollutant Discharge Elimination System (NPDES) Permit
09-0057 (Permit 09-0057) on May 7, 2009. In addition to continuing inspections at
automotive and food service facilities, Permit 09-0057 established new inspection
requirements for nursery, laundry, and industrial facilities. Staff has revised the existing
Fees for automotive and food service facilities and proposed new Fees at nursery, laundry,
and industrial facilities with a proposed effective date of July 1, 2010 (Attachment 1, draft
resolution).
BACKGROUND
As mentioned in the Summary, Resolution 2008-2704 established Fees for stormwater
inspections provided at automotive and food service facilities. The Fees established were:
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Facility Cost/ Annual Cost/ �Re-Inspection
Inspected Inspection Inspection Fee Re-Ins ection Fee
Food $89.00 $45.00 I $45.00 $45.00
Automotive $79.17 $40.00 1 $40.00 $40.00
The Fees are administered and collected by the City's Community Development
Department. Business Inspection Fees are collected at the same time as the Business
Registration or Business Registration renewal. Re-inspection Fees are collected after a
violation has occurred and the City must re-inspect the business. The Business Inspection
Fee was divided over a two-year period in order to lower the annual dollar amount
expended by businesses. The annual collection was also intended to establish an easier
tracking and administering process for City staff. Per City Council direction, the Business
Inspection Fees were phased in over a two-year period, starting July 1, 2008. The table
below details the Fees collected between FY 2008/09 and FY 2009/10.
Effective July 1, 2008
Facility Inspected Inspection Fee Re-Inspection Fee
Food $22.50 $45.00
Automotive $20.00 $40.00
Effective July 1, 2009
Facility Inspected Inspection Fee Re-Inspection Fee
Food $45.00 $45.00
Automotive $40.00 $40.00
If a violation is discovered during an inspection, the business must be re-inspected within
six months of the violation, although, typically, the re-inspection occurs within four weeks of
the violation. The Re-Inspection Fee was established at half the cost as the regular
Business Inspection Fee since re-inspections usually take about half the time as regular
inspections.
The Fees established in 2008 were based upon the following criteria-
1. A third-party contractor (Charles Abbott Associates) was to provide the inspection
service for food facilities.
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2. A third-party contractor (Ventura County Environmental Health)was to provide the
inspection service for automotive facilities.
3. The Fees included travel time to and from the inspected sites, management and
field staff hourly rates, including benefits, plus a 15 percent administrative fee.
DISCUSSION
Permit 09-0057 continues the inspection requirements for automotive and food facilities,
and adds inspection requirements at nurseries, laundries and industrial facilities. As
mentioned previously, Resolution 2008-2704 was based upon providing inspection services
through a third party contractor (either Charles Abbott Associates or Ventura County
Environmental Health). In May 2010, Ventura County Environmental Health announced
that it could no longer perform inspection services at automotive facilities due to the
increased inspection requirements of Permit 09-0057. In order to provide a clear
explanation for each inspection fee, the following paragraphs are separated based upon
the respective facility.
Automotive Service Facilities:
Permit 09-0057 continues the requirement that automotive service facilities, which include
general automotive service facilities, retail gasoline outlets, and automotive dealerships, be
inspected. The inspection requires that best management practices (BMPs) as detailed in
Permit 09-0057 be effectively implemented at each facility. The previous NPDES permit
required that automotive service facilities be inspected once every two years. Permit 09-
0057 requires that automotive service facilities be inspected twice during the five-year
permit cycle. However, it is expected that any future permits would continue the inspection
requirements. Consequently, it is staffs recommendation that the City continue inspecting
automotive service facilities once every two years.
The current Business Inspection Fee for automotive service facilities is $80.00/inspection,
or$40 per year. The current Re-inspection Fee is $40 per re-inspection. With the loss of
Ventura County Environmental Health as an inspector, City staff proposes that inspection
services continue to be performed by a consultant. However, due to the County's
withdrawal from providing inspection services, there will be a slight increase in costs due to
a new third-party contractor providing the service. The proposed Fees for automotive
service facilities are detailed as follows:
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Automotive I Cost/ Annual Cost/ Re-Inspection
Service Facility Inspection Inspection Fee Re-Inspection Fee
Current Fees $80.00 I $40.00 $40.00 $40.00
— 4 - —
Proposed Fees $90.00 $45.00 $45.00 $45.00
Percent Increase 12.50% 12.50% % 12.50% 12.50%
The proposed Fees would cover consultant and City staff time(approximately one hour per
facility) including travel time to and from the inspected sites, inspection time at the facility,
data management, and a 15% administrative fee.
Food Service Facilities:
Permit 09-0057 continues the requirement that food service facilities (generally referred to
as restaurants in Permit 09-0057) be inspected. Food service facilities include facilities
that sell prepared foods and drinks for consumption, including stationary lunch counters
and refreshment stands selling prepared foods and drinks for immediate consumption.
The inspection requires that best management practices (BMPs) as detailed in Permit 09-
0057 be effectively implemented at each facility. The previous NPDES permit required that
food service facilities be inspected once every two years. Permit 09-0057 requires that
food service facilities be inspected twice during the five-year permit cycle. However, it is
expected that any future permits would continue the inspection requirements.
Consequently, it is staff's recommendation that the City continue inspecting food service
facilities once every two years.
The current Business Inspection Fee for food service facilities is $90.00 1inspection, or$45
every year. The current Re-inspection Fee is $45/re-inspection. Inspection fees would
remain the same as they currently exist. The proposed Fees for food service facilities are
detailed as follows:
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Food Service Cost/ Annual Cost/ Re-Inspection
Facili _ Inspection Inspection Fee Re-Inspection Fee
Current Fees $90.00 $45.00 $45.00 $45.00
Proposed Fees $90.00 $90.00 $90.00 $90.00
Percent Increase 0.00% 0.00% 0.00% 0.00%
The proposed Fees would cover consultant and City staff time(approximately one hour per
facility) including travel time to and from the inspected sites, inspection time at the facility,
data management and a 15% administrative fee. Staff hourly rates are based on City
Resolution 2010-2896 (staff billing rates, deposits, and fees for development processing).
Nursery Facilities:
Permit 09-0057 requires that commercial nurseries and nursery centers (merchant
wholesalers, nondurable goods, and retail trade) be inspected. Nursery facilities also
include farm supply stores. Although not specifically required by Permit 09-0057, staff
recommends that the City consider commercial businesses with an outdoor garden center
(such as Target and Do It Center) subject to inspection services as well. These outdoor
garden centers are a potential critical source of pollutants, including sediment, pesticides,
and fertilizers. The inspection requires that best management practices (BMPs) as
detailed in Permit 09-0057 be effectively implemented at each facility. Permit 09-0057
requires that nursery facilities be inspected twice during the five-year permit cycle.
However, it is expected that any future permits would continue the inspection requirements.
Consequently, it is staff's recommendation that the City continue inspecting nursery
facilities once every two years.
Due to the potential variation in time required to inspect a nursery, a two-tiered rate is
proposed. Tier 1 is for nursery facilities less than or equal to an acre. Tier 2 is an
additional per-acre fee for facilities larger than one acre. The proposed Fees for nursery
facilities are detailed on the next page:
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Nursery Facility Cost/ Annual Cost/ Re-Inspection
Inspection Inspection Fee Re-Inspection Fee
Tier 1 (< 1 acre) $90.00 $45.00 $45.00 $45.00
Tier 2 (> 1 acre) $90.00 plus $45.00 plus $45.00 plus $45.00 plus
additional per- $10.00 per- $5.00 per-acre $5.00 per-acre $5.00 per-acre
acre charge rate acre above above 1-acre above 1-acre above 1-acre
1-acre
The proposed Fees would cover consultant and City staff time (about one hour for Tier 1
nursery facilities and approximately ten minutes for each additional acre inspected)
including travel time to and from the inspected sites, inspection time at the facility, data
management, and a 15% administrative fee.
Laundry Facilities:
Permit 09-0057 requires that laundry facilities be inspected. Laundry facilities include large
commercial cleaning facilities that provide laundry services for businesses as well as small
coin-operated facilities and dry cleaners. The inspection requires that best management
practices (BMPs) as detailed in Permit 09-0057 be effectively implemented at each facility.
Permit 09-0057 requires that laundry facilities be inspected twice during the five-year
permit cycle. However, it is expected that any future permits would continue the inspection
requirements. Consequently, it is staff's recommendation that the City continue inspecting
laundry facilities once every two years.
Due to the potential variation in time required to inspect a laundry facility, a two-tiered rate
is proposed. Tier 1 is for laundry facilities open to the general public, such as coin-
operated facilities and dry cleaners. Tier 2 is for laundry facilities that serve commercial
establishments. The proposed Fees for laundry facilities are detailed below:
Laundry Facility Cost/ Annual Cost/ Re-Inspection
Inspection Inspection Fee Re-Inspection Fee
Tier 1 $67.00 $33.60 $33.60 $33.60
(general public) __ _
Tier 2 $90.00 $45.00 $45.00 $45.00
(commercial
The proposed Fees would cover consultant and City staff time(about thirty minutes for Tier
1 laundry facilities and an hour for Tier 2 laundry facilities) including travel time to and from
the inspected sites, inspection time at the facility, data management, and a 15%
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administration fee.
Industrial Facilities:
Permit 09-0057 requires that industrial facilities be inspected. Industrial facility inspections
are slightly different than previous inspected facilities mentioned before. The City must
inspect all industrial facilities that are subject to the General Stormwater Permit for
Industrial Activities. The inspection requires inspection of best management practices
(BMPs) as required by the General Stormwater Permit; confirmation that the industrial
facility has a stormwater pollution prevention plan (SWPPP)on site-, and confirmation that
the industrial facility is complying with the SWPPP. Industrial facilities subject to the
General Stormwater Permit are required to be inspected twice during the five-year permit
cycle. However, it is expected that any future permits would continue the inspection
requirements. Consequently, it is staffs recommendation that the City continue inspecting
industrial facilities once every two years.
Some industrial facilities have the ability to file a Notice of Non-Applicability for Category 10
exemption status (Non-exposure status)with the RWQCB. The City must first inspect each
facility, however, to determine whether or not the industrial facility qualifies for Non-
exposure status. For those industrial facilities that qualify, Permit 09-0057 requires that the
City inspect 20% of each facility every year to confirm that the industrial facility continues to
have Non-exposure status (essentially, the City could perform a parking lot inspection to
confirm that the facility continues to not have any materials exposed to run-off.
Due to the potential variation in time required to inspect an industrial facility, a two-tiered
rate is proposed. Tier 1 is for industrial facilities that have the ability to file for Non-
exposure status. Tier 2 is for industrial facilities that are required to comply with the
General Stormwater Permit for Industrial Activities. The proposed Fees for industrial
facilities are detailed below:
Industrial Cost/ Annual Cost/ Re-Inspection
_Facility — Inspection Inspection Fee Re-Inspection — Fee —
Tier 1 $90.00 $45.00 $45.00 $45.00
(Non-exxposur�q — — — — — — — — — -- — — — — — — —
Tier 2 $160.00 $80.00 $80.00 $80.00
(General Permit _ —
The proposed Fees would cover consultant and City staff time (about an hour for Tier 1
industrial facilities and a little less than two hours for Tier 2 industrial facilities) including
travel time to and from the inspected sites, inspection time at the facility, data
management, and a 15% administrative fee.
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As mentioned earlier, after the Non-exposure Industrial facilities have been inspected
once, only 20% of the inspected facilities must be re-inspected every year. Staff estimates
that only fifteen minutes would be required to re-inspect the Non-exposure Industrial facility
by performing a parking lot inspection. Due to the short amount of time expected for these
re-inspections (not associated with violations), staff proposes to not charge the Non-
exposure Industrial facilities after they have received their first inspection and filed for Non-
exposure status. Any Industrial facility that fails to file for Non-exposure status would
continue to be inspected once every two years and continue to be charged the Tier 1 rate.
Other Facilities:
Permit 09-0057 includes inspection requirements for additional facilities, including U.S.
EPA Phase I and II facilities; municipal landfills, hazardous waste treatment, disposal, and
recovery facilities; and facilities subject to the Emergency and Community Right-to-Know
Act (EPCRA). To staffs knowledge, there are only four EPCRA facilities in the City of
Moorpark. Three of them are already covered by the industrial facility inspections detailed
above. In anticipation of the potential facility establishments in the City, staff has proposed
Fees for their inspection below.
Other Facility Cost/ Annual Cost/ Re-Inspection
Inspection Inspection Fee Re-Inspection Fee
US EPA Phase 1 $160.00 $80.00 $80.00 $80.00
and II Facilities _
Municipal $160.00 $80.00 $80.00 $80.00
Landfills
Hazardous
Waste
Treatment, $160.00 $80.00 $80.00 $80.00
Disposal, and
Recovery
Facilities
EPCRA Facilities $160.00 $80.00 $80.00 $80.00
The proposed Fees would cover consultant and City staff time (a little less than two hours
for each facility) including travel time to and from the inspected sites, inspection time at the
facility, data management, and a 15% administrative fee.
The majority of the various facilities described in the above paragraphs are subject to
inspection based on their respective Standard Industrial Classification (SIC) code. The
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City of Moorpark does not track SIC codes for Business Registrations, consequently, many
facilities are assumed to have a particular SIC code unless otherwise determined during
inspections. In an effort to reduce the number of facilities erroneously assessed an
incorrect fee, City staff is notifying all facilities that could potentially be assessed a fee.
The letter will provide the facility with an opportunity to contact the City if it wishes to prove
that it is not subject to inspection. In addition to the letter, staff proposes that the
Resolution grant the City Manager the authority to approve a refund to a business that is
assessed incorrect Fees.
ENVIRONMENTAL DETERMINATION
The Community Development Director has determined that the proposed revising and
adding new business inspection fees for stormwater quality management, consistent with
Sections 8.52.150, 8.52.160, and 8.52.170 of the Moorpark Municipal Code, is exempt
from the provisions of the California Environmental Quality Act, in that the action of the City
Council does not involve the consideration of the approval of a project.
FISCAL IMPACT
Staff has estimated the number of each facility subject to the Fees and the respective
funds generated if City Council approves the Fees. It should be noted that funds collected
would offset City staff time and consultant's costs associated with inspections performed.
Facility Type Estimated Number of Estimated Annual Fees
Facilities C_ ollected
Automotive Facilit_ _ 30 $1,350.00
Food Facility_ 100 $4,500.00
Nursery Facility — Tier 1 2 $90.00
Nurse Facility — Tier 2 3 $310.00
Laundry Facility — Tier 1 10_ $336.00
Laundry Facility — Tier 2 4 _ $180.00
Industrial Facility — Tier 1 70 $3,150.00
Industrial Facility — Tier 2 _ 10 _ $800.00
Other Facilities 1 _$160.00
Total Facilities 232 $10,966.00
STAFF RECOMMENDATION (ROLL CALL VOTE)
Adopt Resolution No. 2010-
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Attachment 1: Draft Resolution
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Attachment 1
RESOLUTION NO. 2010-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, REVISING THE BUSINESS
INSPECTION FEE SCHEDULE, CONSISTENT WITH
SECTIONS 8.52.150, 8.52.160, AND 8.52.170 OF THE
MOORPARK MUNICIPAL CODE RELATING TO
STORMWATER QUALITY MANAGEMENT, AND
RESCINDING RESOLUTION NO. 2008-2704
WHEREAS, on July 1, 2008 Ordinance No. 368, establishing Sections 8.52.150
(Business inspections), 8.52.160 (Business inspection fee) and 8.52.170 (Business re-
inspection) of the Moorpark Municipal Code, took effect; and
WHEREAS, the City Council determined that the cost of the implementation of the
Ordinance shall be offset by fees for businesses requiring inspection to ensure National
Pollutant Discharge Elimination System (NPDES) compliance; and
WHEREAS, the proposed fees for inspections for NPDES compliance are based on
estimated City of Moorpark actual costs; and
WHEREAS, the City Council concurs with the Planning Director determination that
the proposed revision and addition of new business inspection fees for stormwater
quality management, is consistent with Sections 8.52.150, 8.52.160, and 8.52.170 of
the Moorpark Municipal Code is exempt from the provisions of the California
Environmental Quality Act, in that the action of the City Council does not involve the
consideration of the approval of a project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Fees for the Business Inspection shall be per the schedule in Exhibit
«A„
SECTION 2. This Resolution shall become effective July 1, 2010, and Resolution
No. 2008-2704 shall be rescinded upon that date.
SECTION 3. The City Manager shall be authorized to refund payment to a
business that has been assessed an incorrect fee.
SECTION 4. The annual fee for business inspection shall be reviewed annually by
the City Engineer/Public Works Director and Finance Director to determine if a revised
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Resolution No. 2010-
Page 2
fee resolution should be considered by City Council to reflect changes in the costs to
implement the business inspection.
SECTION 5. The City Clerk shall certify to the adoption of this resolution and shall
cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 16th day of June, 2010.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, Assistant City Clerk
Exhibit A — Business Inspection Fees
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Resolution No. 2010-
Page 3
EXHIBIT A
MOORPARK BUSINESS INSPECTION FEE SCHEDULE
EFFECTIVE JULY 1, 2010
Facility Inspected Annual Inspection Fee Re-Inspection Fee
Food $45.00 $45.00
Automotive $45.00 $45.00
Nursery — Tier 1 $45.00 $45.00
< 1 acre) _
Tier 2 (> 1 acre) $45.00 plus $45.00 plus
additional per-acre $5.00 per-acre above
char a rate $5.00 per-acre above 1-acre 1-acre
Laundry — Tier 1
General Public $33_60 $33.60
Laundry — Tier 2 $90.00 $90.00
Commercial
Industrial Facility—
Tier 1 $45.00 $45.00
Non-ex osure *
Industrial Facility —
Tier 2 $80.00 $80.00
General Permit
Other`* $80.00 $80.00
* Non-exposure Industrial facilities, after they have received their first inspection and
filed for Non-exposure status, shall not be charged additional inspection fees. Any
industrial facility that fails to file for Non-exposure status shall continue to be
inspected once every two years and continue to be charged the Tier 1 rate.
** Other Facilities include US EPA Phase I and II Facilities; Municipal Landfills;
Hazardous Waste Treatment, Disposal, and Recovery Facilities; and Emergency
and Community Right-to-Know Act (EPCRA)
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