HomeMy WebLinkAboutAGENDA REPORT 2008 0206 CC REG ITEM 09C 7T v•
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CITY OF MOORPARK,CAL1FCR'Nz,'
City Council Meeting
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ACTION:
MOORPARK CITY COUNCIL a
AGENDA REPORT
TO: The Honorable City Council
FROM: Yugal K. Lail, City Engineer/Public Works Director
Prepared By: Shaun Kroes, Management Analyst
DATE: January 24, 2008 (CC Meeting of 02/06/08)
SUBJECT: Consider Ordinance to Renumber Section 8.52.140 to Section 8.52.180
and to Add Section 8.52.150 Business Inspections, Section 8.52.160
Business Inspection Fee and Section 8.52.170 Business Re-Inspection
Fee to Chapter 8.52 Stormwater Quality Management of Title 8 of the
Moorpark Municipal Code
BACKGROUND
The City Council approved Goal to Strengthen the City's fiscal stability and long-range
financial growth includes the following Objective: "develop a fee program for businesses
requiring inspection to insure NPDES compliance." The City of Moorpark, in compliance
with the California Regional Water Quality Control Board (RWQCB) Municipal Storm Water
NPDES Permit, performs NPDES inspections (business inspections)once every two years
at approximately 140 designated businesses. The state does not provide funding for this
requirement, and presently, the program costs have been funded using the City's General
Fund and existing City staff and contract services.
DISCUSSION
The proposed ordinance (Section 8.52.150) establishes a business inspection program, in
compliance with the NPDES Permit. The current Permit as written identifies automotive
and food service facilities as subject to inspection. The Permit requires that each facility be
inspected once every two years. Inspection is required for a variety of stormwater
compliance practices, including discharging washwater into the sanitary sewer(instead of
the storm drain system), proper storage of trash and recycling containers and employee
education of proper stormwater practices. The proposed Section 8.52.160 provides the
funding mechanism for the City's inspection program, including administrative costs, with
an annual Business Inspection Fee. Proposed Section 8.52.170 establishes a Re-
1 NPDES stands for National Pollutant Discharge Elimination System
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Honorable City Council
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inspection Fee, for any business or commercial facility that has been found to have a
violation during the initial inspection and must be re-inspected within six months of the first
violation.
The City inspects food facilities using City staff, while automotive service facilities are
inspected by the County of Ventura — Environmental Health Division. The City pays the
County of Ventura for its services. As mentioned earlier, monies from the General Fund
are used to pay for business inspections. Obtaining funding from those inspected
businesses would enable resources from the General Fund to be spent on broader
programs meant to benefit the entire community.
City staff has examined three inspection methods to determine an appropriate fee.
1. Maintain current practice — City staff performs food facility inspections, County
performs automotive facility inspections.
2. Contract with Consultant, to provide inspectors and create reports.
3. Contract with the County of Ventura— Environmental Health, to provide all NPDES
inspections.
The cost scenario is detailed below:
Option Costlinspection Proposed
Annual Fee
Current Practice $82.94 (restaurants) $40.00 (restaurants)
$79.17 automotive $40.00 automotive
Private Consultant $122.12 all facilities $60.00 all facilities
County of Ventura $79.17 all facilities $40.00 all facilities
At this time, the County has not confirmed its ability to provide inspection services for all
food facilities and automotive facilities in Moorpark. City staff is continuing to explore the
pros and cons to each scenario, and will provide a recommendation at the next Council
meeting when presenting the fee resolution. The Permit requires one inspection every two
years. Staff proposes breaking the inspection fee into an annual fee requirement for the
proposed ordinance. This provides two main benefits, an annual fee will be easier to track
and administer, and the smaller dollar amount will be easier for many of the smaller food
facilities that are inspected. The fee includes management and field staff hourly rates
including benefits, plus, a 15 percent administration fee. The fee would be administered
and collected by the City's Community Development Department. If the City Council
introduces this ordinance, staff will prepare a fee resolution for consideration at a future
Council meeting. The fee resolution will also include the re-inspection fee. This is not a
development fee. The City Attorney has confirmed that the public hearing requirement
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Honorable City Council
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pursuant to Government Code 66016 does not apply and has reviewed the proposed
Ordinance.
ENVIRONMENTAL DETERMINATION
In accordance with the City's environmental review procedures adopted by resolution, the
Planning Director determines the level of review necessary for a project to comply with the
California Environmental Quality Act (CEQA). Some projects may be exempt from review
based upon a specific category listed in CEQA. Other projects may be exempt under a
general rule that environmental review is not necessary where it can be determined that
there would be no possibility of significant effect upon the environment. A project which
does not qualify for an exemption requires the preparation of an Initial Study to assess the
level of potential environmental impacts.
The Planning Director has reviewed this project and found it to quality for a Categorical
Exemption in accordance with Section 15309 (Inspections) of California Code of
Regulations (CEQA Guidelines). No further environmental documentation is required.
FISCAL IMPACT
This fee is expected to generate $5,600 to $8,400 a year. This revenue will be used to
fund business inspections performed for stormwater Permit requirements. This Ordinance
will affect approximately 140 Moorpark businesses.
STAFF RECOMMENDATION
1. Introduce Ordinance No. for first reading, waive full reading, and schedule
second reading and adoption for February 20, 2008.
2. Direct staff to prepare a fee resolution to implement the new Sections and schedule
for the February 20, 2008 meeting.
ATTACHMENT
1. Draft Ordinance
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Attachment 1
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, RENUMBERING SECTION 8.52.140
TO SECTION 8.52.180 AND ADDING SECTION 8.52.150
BUSINESS INSPECTIONS, SECTION 8.52.160 BUSINESS
INSPECTION FEE, AND SECTION 8.52.170 BUSINESS RE-
INSPECTION FEE, TO CHAPTER 8.52 STORMWATER QUALITY
MANAGEMENT, OF TITLE 8 OF THE MOORPARK MUNICPAL
CODE
WHEREAS, on August 3, 2000, the California Regional Water Quality Control
Board, Los Angeles Region, adopted Order Number 00.108 (NPDES Permit No.
CAS004002) (Permit) for storm water and urban runoff discharges in the Ventura
County area; and
WHEREAS, the Permit identifies the City of Moorpark (City) as a co-permittee of
the Ventura County Permit and authorizes the City to regulate its storm drain system;
and
WHEREAS, the Permit requires all co-permittees to develop an inventory of
designated industrial and commercial businesses and conduct business inspections,
and
WHEREAS, the State of California or the Federal government does not provide
any funds to conduct the aforementioned inspections, thus making this an unfunded
mandate; and
WHEREAS, the City desires to create a fee to charge affected businesses in
order to provide sufficient revenue for funding inspection services.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 8.52 of Title 8 of the Moorpark Municipal Code is
hereby amended by renumbering Section 8.52.140 to Section 8.52.180 and adding new
Sections —8.52.150, 8.52.160, and 8.52.170, to read as follows:
"8.52.150 Business inspections.
The Director shall cause each of the business facilities designated in the
Permit to be inspected at least as often as required by the Permit. This
inspection authority is in addition to all other inspection authority
authorized by this Code. To the extent permitted by law, the Director may
enter upon and inspect any private premises to verify compliance with this
code. If the Director is engaged in duly authorized investigatorial duties
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during reasonable hours, no person shall, refuse, restrict, resist or attempt
to refuse, restrict or resist entrance of any investigator into any portion of
any property subject to this Chapter. Notwithstanding section 8.52.180,
any person violating this section shall be guilty of a misdemeanor and
subject to business registration revocation.. Any written decision by the
Director to revoke the business registration may be appealed in writing to
the City Manager within 10 days of issuance of written notice. The
decision of the City Manager shall be final.
8.52.160 Business inspection fee.
A. Every person required to register a business pursuant to
Chapter 5.04 of this code and also engaged in a business designated in
the Permit as a designated source of pollution business inspection site
shall pay an annual Business Inspection Fee.
B. The Business Inspection Fee shall-
1. Be established by resolution of the City Council.
2. Be reasonable, fair and equitable in nature and
proportionately representative of the costs incurred by the City.
3. Not exceed the City's estimated reasonable cost of
performing the inspections required by the Permit, including administrative
costs.
4. Bear a reasonable relationship to the costs borne by
each affected business.
5. Not be levied for general governmental services.
C. The Community Development Department shall administer
and collect the Business Inspection Fee.
D. No business registration issued pursuant to Chapter 5.04 of
this code shall be issued or renewed until payment of the Business
Inspection Fee is received by the Community Development Department.
8.52.170 Business re-inspection fee.
Any business or commercial facility inspected and found to be in violation
of the Permit, shall be re-inspected within six (6) months of the date of the
initial inspection and shall be subject to a Re-inspection Fee.
A. The amount of the Re-inspection Fee shall be established by
resolution of the City Council
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B. Any provision herein that pertains to registration or
administration and collection of the Business Inspection Fee shall also
pertain to the Re-inspection Fee."
SECTION 2. 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 section, subsections, sentences,
clauses, phrases, parts or portions be declared invalid or unconstitutional.
SECTION 3. This Ordinance shall become effective thirty (30) days after its
passage and adoption.
SECTION 4. 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 the 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 Star a 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 AND ADOPTED this day of , 2008
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
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