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HomeMy WebLinkAboutAGENDA REPORT 1995 0301 CC REG ITEM 11FITC i'\A / /.F. 722,. 12(12) AGENDA REPORT CITY OF MOORPARK TO: The Honorable City Council, FROM: Kenneth C. Gilbert, Director of Public Wo S- DATE: February 17, 1995 (Council. Meeting 3 -1 -95) SUBJECT: Consider FY 1995/96 NPDES Assessment s OVERVIEW 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. The NPDES program applies to both private organizations and public agencies. This report summarizes the efforts necessary for the City to comply with the requirements of the Federal NPDES Stormwater Discharge Permit requirements and requests that the City Council consider the levy of an NPDES assessment (through the Ventura County Flood Control District [VCFCD] ) to fund all or a portion of the costs of those efforts. This matter was considered by the Budget and Finance Committee (Mayor Lawrason and Councilmember Montgomery) at their meeting of February 13, 1995. Subsequent to reviewing the NPDES program implementation requirements and the cost for same, it was the recommendation of the Committee that the City Council set the date of a public hearing to consider the levy of an NPDES assessment to recover all or a portion of those costs. BACKGROUND A. NPDES Permit 1. In January and March of 1994 the City Council took actions to approve the submittal (by VCFCD on behalf of the City) of the Countywide NPDES Stormwater Discharge Permit Application to the Los Angeles Regional Water Quality Control Board ( LARWQCB). 2. The LARWQCB has subsequently issued an NPDES Stormwater Discharge Permit to VCFCD as the Permittee, and to the County of Ventura and all of the Cities in Ventura County as Co- Permittees. rpt \npdes25 00125 NPDES Assessment March 1995 Page 2 3. This report sets forth a summary of the tasks and efforts which the City has and will be undertaking to comply with requirements of that permit B. VCFCD NPDES Assessment 1. The Ventura County Flood Control District ( VCFCD) administers a Benefit Assessment District to fund flood control and related programs. This assessment district is used by the VCFCD to fund the District's NPDES program. 2. Pursuant to the provisions of the Countywide NPDES Implementation Agreement, all of the Cities in Ventura County, except Moorpark, use this Assessment District to levy an additional "City assessment" to fund all or a portion of their NPDES program. 3. Each year for the past three years, the City Council has considered a report from staff pertaining to the use of this revenue source to fund a portion of the NPDES program. In each instance the City Counc °J1 decided not to levy an NPDES assessment. 4. This report lists and summarizes the anticipated cost to undertake and complete the various programs and tasks required by the permit. DISCUSSION A. NPDES Program Description Attached as Exhibit 'A' is a summary of background information pertaining to the establishment of the federally mandated National Pollutant Discharge Elimination System (NPDES). B. Implementation Requirements The chart attached as Exhibit 'B' summarizes the various tasks and efforts to be undertaken by the City over the next few years in order to comply with the requirements of the NPDES Stormwater Discharge Permit. Included in that chart is an estimate of the amount of resources anticipated to be required to complete these tasks. Note: Exhibit 'B' makes reference to certain other documents related to NPDES Permit implementation which are attached hereto and listed as follows: Exhibit 'C': General Plan Analysis Exhibit 'D': Legal Authority rpt \npdes25 .00126 NPDES Assessment March 1995 Page 3 C. Fiscal Impact As set forth in Exhibit 'B', City costs for NPDES compliance efforts over the next few years is summarized as follows: Funding Source FY 1994/95 FY 1995/96 FY 1996/97 General Fund 95,400 189,000 153,000 Gas Tax Fund 82,500 76,500 68,100 Total 177,900 265,500 221,100 1. Conservative Estimate: Admittedly, it is very difficult to estimate the amount of staff time which will be required to accomplish all of the tasks described in Exhibit 'B'. The number of manhours indicated for each task is a conservative estimate. The amount of manhours required could be less. 2. Direct and Indirect Costs: The composite hourly rate which was applied to the estimated total number of manhours anticipated to be necessary, includes both direct and indirect (overhead) costs. 3. Cost Recovery: One of the tasks described in Exhibit 'B' is the preparation and enactment of additional ordinances designed to provide the City with the police powers required to fully implement the requirements of the permit. It is anticipated that many of those ordinance will include provisions related to the payment of inspection and /or permit fees. The full scope of those efforts, as well as the amount of the revenues anticipated to be generated, are not yet known. No provision for those possible future revenues have been made in this report. 4. Resources: As discussed elsewhere in this report, City staff is working closely with a number of Sub - Committees of the Stormwater Quality Management Team, on the development of a broad range of resources which will be made available to each of the Cities (Co- Permittees). When ever possible, staff will attempt to minimize costs by using these resources. D. 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. BAUs are assigned to each property based on a formula which includes a number of factors, the most important of which is land use. That formula assigns ONE BA U to a typical single family lot. Developed commercial and industrial properties receive �, high number of BAUs. rpt \npdes25 00 1 i 2-7. NPDES Assessment March 1995 Page 4 E. City NPDES Assessment The estimated amount of revenue to the City of Moorpark which would be generated by a number of alternative City NPDES assessment amounts is summarized as follows: Amount of Estimated Amount of Estimated Assessment Annual Assessment Annual Per BAU Revenue Per BAU Revenue 1.00 9,351 16.00 149,616 2.00 18,702 17.00 158,967 3.00 28,053 18.00 168,318 4.00 37,404 19.00 177,669 5.00 46,755 20.00 187,020 6.00 56,106 21.00 196,371 7.00 65,457 22.00 205,722 8.00 74,808 23.00 215,073 9.00 84,159 24.00 224,424 10.00 93,510 25.00 233,775 11.00 102,861 26.00 243,126 12.00 112,212 27.00 252,477 13.00 121,563 28.00 261,828 14.00 130,914 29.00 271,179 15.00 140,265 30.00 280,530 It would require a NPDES assessment of $28.00 per BAU (single - family residential lot) to generate revenues sufficient to fully fund the anticipated City NPDES costs for FY 1995/96 which are summarized above and described in Exhibit 'B'. F. VCFCD Zone 3 NPDES Assessment In addition to any NPDES assessment which the City Council may consider approving, the City Council is advised that it is the intent of the Ventura County Flood Control District (VCFCD) to levy an additional NPDES assessment upon all of the properties within VCFCD Zone 3, including all of the properties within the City of Moorpark. The amount assessed last year by VCFCD for this purpose was $1.50 per BAU. Although the amount of the VCFCD assessment for FY 1995/96 is not yet known, it is estimated to be approximately the same as last year's assessment. rpt \npdes25 001.28 NPDES Assessment March 1995 Page 5 G. FY 1994/905 NPDES Assessments As mentioned above, all of the other cities in Ventura County have levied NPDES assessments in prior years. The following is a list of the NPDES assessment Levied for FY 1994/95: Annual Assessment ($) Agency I_ BAUs per BAU Total 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 County Unincorporated Zone 1 Zone 2 Zone 3 Zone 4 City of Moorpark By City By VCFCD (FY 1994/95) " " (FY 1993/94) VCFCD 246 6.50 1,598 23,420 6.50 152,259 38,445 1.50 57,717 41,386 4.65 192,455 6,823 4.94 33,712 8,928 7.15 63,838 3,749 4.65 17,439 14,874 7.40 73,070 8,576 7.40 211,481 4,081 12.07 49,262 42,227 10.28 434,127 4,844 3.17 153,351 14,313 6.65 95,187 28,980 1.50 41,800 )2,842 1.50 34,269 6,935 3.50 22,565 9,351 0 0 9,351 1.50 14,027 9,351 1.93 18,047 Camarillo (Z -2) 246 6.80 1,671 it it (Z -3) �3,420 4.43 103,748 Simi Valley 38,445 4.43 170,306 Thousand Oaks (Z -3) 41,386 4.43 183,345 if if (Z -4) 6,823 4.63 31,591 Santa Paula 8,928 6.80 60,708 Fillmore :3,749 6.80 25,496 Ventura (Z -1) 9,874 7.10 70,114 Ventura (Z -2) :38,576 6.80 194,314 Ojai 4,081 7.10 28,980 Oxnard 42,227 6.80 287,138 Port Hueneme 4,844 6.80 32,933 County Unincorporated Zone 1 14,313 7.10 101,632 Zone 2 7,863 6.80 189,470 Zone 3 24,842 4.43 101,192 Zone 4 6,9350 4.63 29,842 Moorpark 9,351 4.43 41,425 Total 3,182,106 rpt \npdes25 00129 NPDES Assessment March 1995 Page 6 H. City of Moorpark Assessments As indicated in the above list of assessments, the properties within the City of Moorpark receive two assessments. One assessment is levied by the VCFCD for NPDES costs they incur within Zone 3. The other assessment is levied by the VCFCD on behalf of the City for Co- Permittee costs. This latter assessment includes not only any assessment requested by the City, it also includes an amount for Co- Permittee costs incurred by the VCFCD. The amount of the above assessments to the properties within the City of Moorpark are restated as follows: VCFCD NPDES assessment $4.43 City of Moorpark NPDES Assessment Requested by City 0 by VCFCD for FY 94/95 costs $1.50 by VCFCD for FY 93/94 costs $1.93 Total $7.86 The total amount of the NPDES assessment by the VCFCD upon properties within the City of Moorpark for FY 1995/96 is not yet known. It is anticipated, however, that the total amount of those assessments will be approximately $4.00 to $5.00. Any City assessment would be added to that amount. I. VCFCD Requirements The following is a summary of the steps to be followed when requesting VCFCD to levy an NPDES assessment: 1. VCFCD Public Hearing: The levy of an annual Flood Control Assessment will be considered at a public hearing before the Ventura County Board Supervisors (Board of Directors for the Ventura County Flood Control District) in June. 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 property owner. Consistent with past practices of the City Council on such matters, the City Council may wish to schedule a formal public hearing on this matter prior to taking action. Again, the notice of such a formal public hearing need not be mailed to every resident. rpt \npdes25 00130 NPDES Assessment March 1995 Page 7 3. Schedule for Setting Assessments: The following schedule lists certain deadlines required to be met in order to participate in the VCFCD's Benefits Assessment District. Date Action March 1. City Council sets the date of a Public Hearing to consider a City NPDES assessment March 20 Public Hearing Notice (Exhibit E) delivered to newspaper for publication (Notice to include the amount of the City NPDES assessment being considered). March 23 City Public Hearing Notice publication date. March 30 Last date to advise the VCFCD of the preliminary amount of the City NPDES assessment being requested. It is the intent of staff to advise the VCFCD of the amount set forth in the City's Public Heating Notice. April 5 Public Hearing before the City Council to consider the levy of an NPDES assessment for FY 1995/96. April 6 City submits request (with final amount) for a City NPDES assessment, to the VCFCD. April 19 VCFCD staff report due to the Board. April 25 VCFCD Board sets the date of their Public Hearing to consider NPDES assessment{:, May 6 First publication date. May 27 Third publication date. June 28 Public Hearing before VCFCD Board to consider- setting assessments for FY 1995/96 4. Final Decision: A decision to hold the required public hearing before the City Council on April 5, 1995, 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. rpt \npdes25 00131 NPDES Assessment March 1995 Page 8 I. Budget and Finance Committee Review As stated above, this matter was considered by the Budget and Finance Committee at their meeting of February 13, 1995. In light of the anticipated costs of this program, and in particular the anticipated cost to the General Fund next year of approximately $189,000, it was the recommendation of the Committee that the City Council proceed with the scheduling of a public hearing to consider the levy of an annual NPDES assessment to fund all or a portion of these costs. J. Preliminary Assessment Amount As stated above, it will be necessary for the City Council to set the preliminary amount of the City NPDES assessment for FY 1995/96. This amount will be included in the Public Hearing Notice (Exhibit 6) and will. be forwarded to the VCFCD to be included in their draft staff report to the Board. K. Questions It is anticipated that a number of questions will be raised in efforts to understand the full scope of work necessary to implement the requirements of the City's NPDES permit. Listed below are answers to certain questions raised by the Budget and Fiance Committee at their last meeting: Question Answer: 1. Does the program cost information in No. One or more of the tasks described in Exhibit 'B' Exhibit 'B' take into account any discusses the adoption of new ordinances which are revenues received from fees deemed necessary in order to provide adequate authority collected for the inspection and for the proper enforcement of permit requirements. It permitting services to be provided? is anticipated that many of those new ordinances could include provisions for cost recovery (permit and inspection fees). The scope of that effort and the anticipated revenue from those sources are not known at this time. 2. Isn't the Illicit Discharge The County Environmental Health Department responds to Inspection Program a duplication of problems involving hazardous material. The purpose of services already provided by the the NPDES Illicit Discharge Program is to investigate, County Environmental Health locate and advise property owners within a "targeted Department? area" of sources of groundwater pollution on their property. The initial focus of the program will be advisory and educational efforts to assist property owners in developing and utilizing applicable Best Management Practices (BKP) in the performance of their business. rpt \npdes25 00132 NPDES Assessment March 1995 Page 9 4uestion Answer: 3. Aren't the on -site inspections required by the Illicit Discharge Inspection Program a violation of property rights? • .i.O. JOIN UW.% ki Irol, The area targeted for the initial Illicit Discharge Inspections is the industrial area near Los Angeles Avenue and Gabbert Road. Initial efforts will be limited to voluntary participation by the property owner. The purpose of those initial contacts will be to assist property and business owners in efforts to revise, where practicable, their business operation to eliminate practices which generate water pollution during storm events. If necessary, future NPDES enforcement efforts could require an amendment to Title 8: Health & Safety of the Moorpark Municipal Code to specifically cite the enforcement of NPDES regulations as those public health matters enforceable under that Chapter. Be advised that Section 8.04.010 of the Municipal Code provides for the right of entry upon private property to conduct health and safety inspection. Staff and the Budget and Finance Committee recommend that the City Council take the following actions: 1. Set April 5, 1995, as the date of a public hearing to formally consider the levy of an NPDES assessment for FY 1995/96 2. Determine the preliminary amount of the City NPDES assessment for FY 1995/96, to be set forth in the public Hearing Notice (Exhibit E) for said hearing. rpt \npdes25 00133 Exhibit 'A': NPDES Background Information Page 1 A. Establishment of the Program 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 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. The administration of this Federal program has been 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. 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 three 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 has been 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 the preparation of the permit: application. B. City Efforts 1. Consultant: Certain element Application must be provided b y to meet these obligations, the services of Hawks & Associates information. The two elements s of the County -wide Permit each Co- Permittee. In order City of Moorpark retained the to compile and prepare certain of work developed by Hawks & rp! \npdes25 00134 Exhibit 'A': NPDES Background Information Page 2 Associates to meet these obligations are a Master Drainage Study and the development of a Storm Water Management Program. 2. Master Drainage Study: One of the documents required to be included in the NPDES permit application is a Storm Drain Atlas of the entire City. This atlas is one of the elements of the Master Drainage Study. This study also includes information pertaining to topography, watershed basins, hydrology, existing storm drain alignments and sizes and projected future storm drain needs for the entire City. This document will serve as a useful resource for both the management of existing storm drain facilities and for the future development of vacant properties. It is anticipated that this document will be presented to the City Council for approval in the Spring of 1995. 3. Storm Water Management Program: The City's consultant developed much of the background information pertaining to the City of Moorpark which was included in Sections 1, 2 & 3 of the permit application. 4. Implementation Efforts: Each local agency is also required to undertake and administer a number of programs as required by the permit. 5. Compliance Reports: One of the requirements of the program is the submittal by each Co- Permittee of an annual compliance report documenting each agencies progress in implementing the requirements of the permit, 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 a 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: The VCFCD managed the Consultant (CDM) retained to compile data and prepare the information included in the Permit Application. D. Storm Water Task Force Efforts 1. Permit Application: The primary mission of the Storm Water Task Force was to direct 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 rpt. \npdes25 001-35 Exhibit W: NPDES Background Information Page 3 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 end was accomplished. 2. Management Committee: The Management Committee is comprised of one or more individuals from each local agency and the VCFCD. This Committee is responsible for coordinating the various efforts required to manage the program. 3. Best Management Practices (BMP): The approved NPDES permit recognizes 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 different ways of doing things. These improved methods cover a broad spectrum of activities including planning, construction, maintenance and operations. These "improved ways of doing" things are generally referred to as Best Management Practices or BMPs. The Management Committee, through its Sub - Committees has and will continue to develop all necessary BMPs. 4. Sub - Committees: A number of sub - Committees have been formed to develop and implement specific program requirements in specific areas. A list of those sub - committees, along with a brief descriptions of duties, is as follows: • Public Outreach: Development of Public Information resources. • Construction: Development of standards and requirements for construction sites to prevent siltation and related stormwater quality problems. • Planning & Land Development: Review and revise General Plans, zoning requirements, municipal ordinances and development standards necessary to provide adequate municipal police powers to require land development projects to meet program objectives. • Public Infrastructure: Development of a number of Best Management Practices (BMP) pertaining to the maintenance and management of streets, storm drains and public facilities. • Business Outreach / Illicit Discharge Program: Development of a number of programs "targeted" toward specific businesses (gas stations, restaurants, etc.). Also development of the parameters of an inspection program aimed at preventing illicit discharge of pollutants into storm drains, etc. rpt \npdes25 00 1,16 O C W NPDES Programs Implementation Exhibit B (1 of 5 ) Program Program Requirements Task Description PUBLIC OUTREACH EFFORTS Public Education Storm Drain Inlet Stenciling Landscape Maintenance Vehicle Maintenance Refuse Disposal rpt \npdes25 Improve public awareness of the problem and the efforts to reduce same, through a variety of educational programs, including: display board, stencils, door-hangers, video presentations, etc. Stencil "DON'T DUMP -- DRAINS TO ARROYO" on all 500+ storm drain inlets in the City. Implement educational programs and, if necessary, establish additional controls to prevent or reduce pollution caused by pesticides, herbicides, fertilizer, etc. Implement educational programs and, if necessary, establish additional controls pertaining to home vehicle maintenance (e. g. mechanical repairs, oil /fluid changing, washing, etc.) Revise existing and /or develop new public educational materials dealing with the impacts of recycling, household hazardous waste controls, composting, clean -up days, etc. on preventing pollution of water courses. Estimated Number of Manhours per Year FY 1994/95 FY 1995/94 FY 19%/97 Public Outreach Sub- Committee: The Public 3 15 Works Management Analyst has and will be attending monthly meetings (on an every other month basis) of this sub - committee to assist in the development of public education resources. Display Board: Deploy Ventura Countywide Stormwater Quality Program Display Board at various City events Door Hangers, Etc.: Use door hangers, newsletter articles and other informational materials to disseminate information to the public. Volunteer Project: The stenciling of the Countywide "logo" at all stormdrain inlets on residential streets in is being performed by a number of Boy Scout Troops as an Eagle Scout project for the Scout coordinating these efforts. Overall supervision is being provided by the Public Works Management Analyst. The stenciling of inlets on arterial streets will be done by Public works personnel. Develop a public education program. Disseminate information to landscape contractors and City maintenance personnel. Develop public education programs Initial Implementation: The City of Ventura is taking the lead in this effort. It is recommended that the City's Solid Waste Management Analyst review those efforts and apply appropriate and relevant changes to the methods and techniques used by the City. 15 15 3 20 20 20 3 260 20 40 80 20 40 80 40 40 ** 1= Code Enf; 2= Planning; 3= P. W. NPDES Programs Implementation Exhibit B (2 of 5) Program Program Recadrements Task Description COMMERCIAL / INDUSTRIAL CONTROLS Business Outreach Develop "clean business" profiles for the Automotive Services Industry and for Restaurants. Training materials and seminars will be made available to educate these business owners regarding products, materials, storage methods, recycling, oil recycling, spill control, etc. "Clean Business" awards be granted to business which follow acceptable practices. Hazardous Enhance existing City programs dealing Materials Control with hazardous waste to specifically address storm drain and water course pollution. LAID DEVELOPMENT CONTROLS Estimated Nudber of Manhours per Year FY 1994/95 FY 1995/% FT 19%/97 Automobile Service Stations: The Cities of 1 160 Simi Valley and Thousand Oaks is taking the Lead on this effort. It is recommended that the Solid Waste Management Analyst review those efforts and incorporate appropriate and relevant outreach efforts into future City's motor oil recycling efforts and other appropriate outreach efforts. Restaurants: It is recommended that Code 1 120 Enforcement or the Building Inspector review the program developed by Thousand Oaks and adapt and apply appropriate and relevant outreach efforts to the restaurants in Moorpark (e.g. inspection of grease traps). Develop new, or modify existing outreach 3 130 efforts. Provide additional training to field personnel on how to deal with haz-mat incidents. Land Developer Develop informational packages and Countywide Efforts: VCFCD has and will host outreach conduct workshops designed to educate the seminars to educate developers on the development community regarding illegal requirements of the NPDES program. connections and spill control. City Efforts: it is recommended that the 2 80 Planning staff compile information prepared by VCFCD for this purpose and incorporate relevant and appropriate information and /or requirements into the materials used by Planning staff and /or disseminated to the public. Lard Use Review the Moorpark General Plan for the Consultant Analysis: Camp. Dresser & McKee, purpose of determining whether or not the consultant retained by VCFCD to prepare revisions are necessary to support any the permit application, has prepared an Zoning and /or Development Standards analysis of the Moorpark General Plan (see Q required by the program. Exhibit Q. No revisions are recommended. O W QD rpt \npdes25 80 80 130 40 s J NPDEB Programs Implementation Exhibit B (3 of 5) Program Program Requirements Task Description Zoning Regulations Development Standards / Conditions Perri is / Inspections Review the City's Zoning Ordinances and develop the necessary amendments and /or additional provisions required in order to better provide for the control of storm water pollution (e. g. illegal connections, material storage, fueling area, chemical handling, waste handling, spill prevention, etc.). Same as above. Review and revise permit requirements and inspection procedures as required to better provide for the control of storm water pollution (e. g. illegal connections, material storage, fueling area, chemical handling, waste handling, spill prevention, etc.). CONSTRl1CTION SITE CONTROLS Construction Site Outreach rpt \npdes25 Prepare a model Storm Water Pollution Prevention Plan (SWPPP) to be used by the construction industry to better prevent water pollution through improved construction techniques (e. g. dewatering, material storage, materials handling / disposal, vehicle fueling /repair, construction methods and materials, etc.). Sub - Committee: The Planning & Land Development Sub - Committee is developing model ordinances, development standards and conditions of approval designed to reduce or prevent stormwater pollution. It is recommended that City planners attend future Sub-Committee meetings, review Committee recommendations and develop recommended amendments. See above. Legal Authority: Attached as Exhibit 'D' is an excerpt from the NPDES Permit summarizing the status of the City's legal authority to enforce the provisions of the permit and making certain recommendations regarding the adoption of new or revised regulations relating thereto. It is recommended that City planning and public works staff develop a number of ordinances to implement the recommended changes. Sub - Committee: The Public Works Analyst has and will continue to attend the Construction Sub - Committee meetings. This group is developing a standard SWPPP for each City to use as a guide in imposing erosion control requirements. The Committee will also be hosting workshops for contractors on this topic. It is recommended that the public works staff revise the City's "boilerplate" specifications for public works contracts to include adequate SWPPP requirements. Estimated Number of Nonhaurs per Year FY 1994/95 FY 1995/% FY 1996/97 1040 1,040 1040 100 520 1040 80 O O rP V NPDEB Programs Implementation Exhibit B (4 of 5) Program Program Requirements PUBLIC INFRASTRUCTURE PROGNWS Public Employee Evaluate and improve infrastructure Education maintenance procedures including catch basin and storm drain cleaning, channel / creek maintenance, street sweeping, sewer collection system exfiltration, illicit discharge identification, refuse disposal, etc. Train public employees and contract service providers in these improved methods. Develop improved methods for documenting the effectiveness of these efforts. rpt \npdes25 Task Description Street Sweeping Volume: Establish a program 3 Tor reporting and recording volume and /or tonnage of debris removed from the street. This data will be compiled and maintained by the Public Works Management Analyst. Street Sweeping Effectiveness: The City has establish parking prohibitions which improve the effectiveness of this program. Sub-Committee: The Public Works Analyst has and will continue to attend Sub- Committee meetings. Storm Drain System Maintenance: Establish, and implement an annual program to inspect and clean all 500+ storm drain inlets. Inspect storm drain lines as required. Estimated Nuaber of Nwtmx is per Year FY 1996/95 FY 1995/% FY 19%/97 40 3 3 20 3 Landscape Maintenance: Develop and 1 implement controls over the use of pesticides, herbicides, fertilizers, etc. by City forces and City contractors used in during landscape maintenance. Sewer System Maintenance: Work with Ventura 3 County Waterworks District #1 as required to assure that all NPDES regulation pertaining to sanitary sewer collection and treatment are being met. Training: Provide additional training to 3 field personnel regarding confined spaces (storm drain inlets), Corporate Yard maintenance activities, erosion control, clean work site practices, etc. 510 40 40 20 20 510 510 120 120 10 80 40 240 160 80 O O NPDES Programs Implementation Exhibit B (5 of 5) Program Program Reoiuirements ILLICIT DISCHARGE PROGRAM Site Develop and implement an Illicit Investigations Discharge Control Program. In lieu of performing dry weather inspections of all of the watercourses in the City, the City's permit identifies the industrial park northeast of Los Angeles Avenue and Gabbert Road as the target area for on- site illicit discharge inspections. ADMINISTRATION Co=ittee Attendance of the Management Committee Meetings and the various Sub - Committees. Task Description Program: A pilot program is being developed by the Business Outreach Sub - committee with significant input from the City of Simi Valley. The permit requires every Co- permittee to perform an illicit discharge inspection of their "targeted" area this year. It will be necessary to train public works or Code Enforcement staff to perform these inspections. Sub-Committee: The Public Works Management Analyst has and will continue to attend bi- monthly meetings. Attended by the Director of Public Works. Management & General Program Administration; including staff time by the Director, Management Reporting implementation effectiveness reporting. Analyst and Departmental Secretary. rpt \npdes25 Total Manhours per year Total Number of Man Years Total Manhour Recap 1. Code Enforcement 2. Planning 3. Public Works Composite hourly rate (including direct costs) TOTAL ANNUAL COST Estimated number of Manhours Per Year FY 19941% FY 1995/94 FY 19%/97 e 1 510 510 510 3 20 20 20 3 40 40 40 3 200 100 100 2,965 4,425 3,685 1.48 2.20 1.83 550 990 950 1,040 2,160 1,600 1,375 1.275 1.135 2,965 4,425 3,685 x $60 x $60 x $60 ,177 nnn nn i4c cnn nn »i inn no COSTS DISTRIBUTION: Department Funding Source $ $ $ 1. Code Enforcement General Fund 33,000 59,400 57,000 2. Planning General Fund 62.400 129,600 96.000 95,400 189,000 153,000 3. Public Works Gas Tax Fund 82,500 76.500 68,100 Total 177,900 265,500 221,100 FROM :MGTG TO 80r-- S29 8270 1995.02 -08 04:38PM #241 P.06/10 C1 General Plan Worksheet Please copy or paraphrase sections of your Ckneral Plan that address the following topics to help determine the impact of development policies on storm water quality: M Water quality protection (e.g., inurdelpal water quality protection policies) PPurpose: to directly link development policies with water quality protection] ;.;OA -T, 14r Establish land uses and development intensities which are compatible with scanic and natural resources and which encourage environmental preservation. Policy 14.1: New development shall be located and designed to minimize adverse visual and /or environmental impacts to the community. W -1ACwt ZMap of land Use Plan, with density of each land use category (platu-ting horizon �) (Purpose: future land use is needed to compute future storm water pollutant loads) 5e*— -TAWC. 3 ba7faQQ ek Development policies (e.g., growth control practices, infill controls, cluster development) (Purpose: controlling the rate /intensity of development controls pollutant load 'increases) Policy 1.1: New development and redevelopment shall be orderly with respect to location, timing, and density/ intensity; consistent with the provision of local public services and facilities; and compatible with the overall suburban rural community character. Policy 5.41 clustering of residential dwelling units may be allowed, if it can be shown that the common area created by the clustering is designed to protect a public interest or provide a public benefit such ao the following: protects environmentally sensitive habitat or agricultural land; promotes land conservation as well as visual relief; provides a substantial xecrsation l opportunity or an affordable housing benefit. Policy 6.1: Specific Plans shall be utilised as a tool for implementation of General Plan policies and priorities for larger land areas. The intent of each Specific Plan is to achieve a long -term cohesive development program which is responsive to the physical and economic opportunities and constraints of each individual Specific Plan area. Policy 6.2: The ultimate land uses, r design guidelines, development standards, infrastructure and phasing requirements adopted for any given - Specific Plan shall be consistent with the General Plan text discussion (see section 5.2) of the type, location and intensity of use determined approPriate for each Specific Plan area. 00142 FEB 8 '95 16:39 CDM CARLSBAD PAGE.006 FROM :MGTG TO 80� S29 8270 19SS,02 -08 04:38PM #241 P.07/10 projects to minimize land use conflicts and privacy b I.ocational guidelines (e.g., under what circumstances are land uses al)owed /prohibited) such as screen walls, landscaping and setbacks, and [Purpose: nearby pollutants are more likely to enter receiving waters] oona..- 2""'t7pen space policies (e.g., parks, buffer areas, greenbelts, landscaping requirements) tPurpoge: treatment 13MPs may be integrated into open space witldn development projects) Policy 5.3: Landscaped and /or natural vegetation buffer areas shall be provided around and within residential projects to minimize land use conflicts and privacy Policy 10.2s _impacts. industrial uses shall incorporate design features, such as screen walls, landscaping and setbacks, and include height and lighting restrictions, so as to minimize adverse impacts on adjacent uses and enhance the visual characteristics of the area, policy 11.2= When new residential development is adjacent to agricultural uses, a 200 -foot minimum existing width setback shall be provided to minimize compatibility conflicts. policy 12.46 New residential development shall include adequate and recreational uses public and private open space neighborhoods. to serve residential Policy 12.5s The City's currant standard of five acres Of parkland per 1,000 persons, or such higher maximum standard allowed by State law, shall be maintained consistent with the City's Open Space and Recreation Element to ensure that adequate passive/ active parkland is provided in conjunction with future infil.l, redevelopment, and new development projects. Policy 17.5s New development should incorporate a variety of landscape architecture themes and techniques to help organize and delineate land uses and to enhance the overall visual tpality of the City. Policy 17.6: Enhanced landscaping shall be used around residential, commercial and industrial buildings and parking areas as well as along easements of flood control channels, roadways, railroad right of ways, and other public and private areas, to soften the urban environment and enhance views from roadways and surrounding uses.' 00143 FEB 8 '95 16:39 CDM CARLSBAD PAGE.007 FROM :MGTG TO 80E S29+ 8270 1995.02 -08 04:38PM #241 P.08/10 Q Preservation of natural features (e.g., hillsides, riparian corridors, wetlands) C [Purpose: Some pollutants ill ninoff may harinlcsAy biodegrade in natural areas] Policy 14.2: Now development shall respect, integrate with, and complement the natural features of the land. 0 Integration with natural features (e.g., minimize cut and fill, native plant requirements) [Purpose: minimizing hydrologic changes minimizes pollutant load increases] Policy 145.2: Hillside development standards shall be adopted which restrict grading on slopes greater than 20 percent and which encourage the preservation of visual horizon lines and significant hilts ides as prominent visual features. (Conceptual Horizon Lines are shown on Exhibit 51 located at the back of this document.) LAND USE CATEGORIES HL Rura . 'dent (1 dwelling unit per 5 -acre maximtztn) This designation is intended to allow limited development of residential estate lots on minimum five -acre lots or using clustering techniques for areas characterized by significant site constraints, (rugged topography, steep slopes$ lack of services, limited access, etc.), or areas of important visual and natural resources. HU _- Rural Hich nesidential (1 dwelling unit per 1 -acre maximum) This designation is intended for residential development in areas containing some development constraint features such as, rugged topography, significant natural or visual resources, limited access, etc. Residential uses are characterised by rural large estate lots or clustered single family homes, with significant Permanent open space area, consistent with the constraints of the land. Q Water conservation policies (e.g., aquifer recharge, irrigation control, xeriscaping) [Purpose: reducing weQdry weather runoff reduces pollutant loading] policy 15.9: New development projects shall be required to use xeriscaps landscaping techniques which include drought - tolerant plant species, reduction of turf area, irrigation designed to most plant needs, and grouping plants according to their watering needs. 00144 FEB 8 '95 16:39 CDM CARLSBAD PAGE.008 FROM :MGTG TO 80E S29 8270 1995,02 -08 04:39PM #241 P.09/10 c 1 Table 3 LAND USE PLAN - STATISTXGAL SUMMARY City Uni,noorporated Total Planning Land Use DesW=lo &a Area 6rea Combined RL RURAL LOW 1,668 ac 334 du - - 1,868 ac 834du (1 du/5 acres maximum) RH RURAL HIGH 208 ac 208 du -- -- 208 at 208 du (1 du/acre maximum) L LOW DXXSITY 168 ac 168 du • -- 168 ac 168 du (1 dulaae miu imum) ML MEDIUM LOW DENSITY 568 ac 1,136 du -- -- 568 ac 1,138du (2 did=e ma:dmtun) M MEDIUM DENSITY 1,174 ac 4,896 du - - 1;174 ac 066 du (4 du/acre nm3dinum) Ii IIIGH DENSI'T'Y 843 ac 2,401 du - -- 848 ac A401 du (7 du/acre maximum) VII VERY HIGH DENSITY 161 ae 2,416 du - - 181 ac 2,416 du (16 dulnarc maximurn) SP SPECIFIC PLAN' SP 1 LEVY 282 ae 415 du •- •- 282 se 415 du SP 2 JUIL 488 ac 475 du •- 438 ac 475 du Si' 9 MUSD 2504 80 du -- .. 25 ac So du S? 10 BCIu,EVE 71 ne 154 du -- - 71 ac 154 du SP 8 MESSENGER 4,200 at 2,400 du 4,200 ac 2,400 du G1 NEIGHBORHOOD COMMERCIAL a ac - ,. .. 0 Re - (.25 FAR) C-2 GENERAL COMMERCIAL 181 Re - -- -- 184 ac .- (.25 FAR) GI COMMERCIAL-INDUSTRIAL 18 ac - - - 13 ac •- (.88 FAR) I -1 LIGHT INDUSTFLiAL 268 ac 2U ac w (.38 FAR) I -2 MEDIUM INDUSTRIAL 285 ac -- -- 286 ac » 08 FAR) AG1 AGMCULTt= 1 45 ac 1 du -- .. 45 ne 1 du (I du/1040 acres) 00145 FEB 8 '95 16:39 CDM CARLSBAD PAGE.009 FROM :MOTO TO 80" S2E+ 8270 199S.02 -08 04:39PM #241 P.10/10 C' S Land Use Desionation AG2 AGIUCUI.'MIM 2 197 ne - -- U du140 acres) 081 OPEN SPACE 1 16 ac .- -. - 0L du/10.40 acres) OS2 OPEN SPACE 2 (1 du140 acres) s SCHOOL P PARK U Uriz ms PUB PUBLIC/ lNf.r1'1TU770NAT. FRWY FREEWAY RM RIGHT -OF -WAY City Unincorporated Area Area 16 ac 1 du — - Total Plannin6 -AMCkobined 16 ac 1 du 1,081 ac 27 du — -- 1,084 ac 27 du $67 ac - - - 357 ac 197 ne - -- 197 ac 47 ne -- -- .. 47 ac 16 ac .- -. - 1$ ae 297 ac -- .. 297 ac TOTAL DWLLLING UNM*q' 12,511 du 2,400 du 14,911 du (At Huildout - Year 2010) TOTAL POPULATION••• 54,290 6,576 40,856 (At Bulldout - Year 2010) TOTAL CITY AREA ACRES (Approamate) 7,916 ac TOTAL UNINCORPORATED AREA ACRES (Approsj=te) 4,200 ec TOTAL PLANNING AREA COMBINED (Approximate) 12,116 ao ` Acreage for open space, schools, park$, commercial, highway right -of-wn y, and any other appropriate land uses will be determined at tune of specific plan approval. •• Residential DetwiLy oalculations for specific plan areas are based on the ma4mu m density. Section 5.2 of ow Laud Use Elemoat allows the City Council to approve a density emeeding the waXimum density, up to an Identified density limit, if public improvements, public cervices, oud/or llnm xW contributions are provided that the City Connell determines to be of substantial public banoiit to the conuunity. If the density limit is approved for SP's 1, 2, 9, 10, and 8, the total dwelling units would increase from 14,911 to 16NI and the total popuktion would increase bom 40,856 to 44,687 (these density limit estimate: were used as the basis for doLertnining Uw signifkance of impacts in the Final EnvirorunenW Impact Report and the Findings required by S"ou 15091 of CLQA). ••r Hasod oft 2.74 persons per dwelling unit. 00146 FEB 8 '95 16:40 CDM CARLSBAD PAGE.010 O O 1` 5 TABLE 4 ASSESSMENT OF LEGAL AUTHORITY MOORPARK _ Code _ 0115 Category/AahCJri on Recommendations No Revisions ROblons Recommended Recommended (A) Control through ordinance, permit, contract, order or Adopt specific prohibitions on unauthorized discharges to storm similar means, the contribution of pollutants to the drains from industrial activities. municipal storm sewer by storm water discharges associated X with industrial activity and the quality of storm water discharged from sites of industrial activity . (B) Prohibit through ordinance, order or similar means, Adopt ordinances to control nuisances involving nonpoint sources illicit discharges to the municipal separate storm sewer. X of pollution, flood protection/ prevention, and hillside erosion. (C) Control through ordinance, order or similar means the Adopt ordinances addressing the regulation of flood hazards and discharge to a municipal separate storm sewer of spills, hazardous substances, and the ability to order corrective actions. dumping or disposal of materials other than storm water. X (D) Control through interagency agreements among No revisions recommended. coapplicants the contribution of pollutants from one portion of the municipal system to another portion of the municipal X system. (E) Require compliance with conditions in ordinances, Adopt ordinances specifying the city's legal authority for permits, contracts or orders. X enforcement cost recovery. (F) Carry out all inspection, surveillance, and monitoring Enact ordinances detailing the city's right to enter upon property to procedures necessary to determine compliance and inspect for violations of permits or local laws. noncompliance with permit conditions including the x prohibition of illicit discharges to the municipal separate storm sewer. J L MOORPARK'S LEGAL AUTHORITY The legal authority for this city is found primarily in the Moorpark Ordinance Code. The following code sections describe Moorpark's legal authority to control storm. water discharges. (A) Controls on storm water discharges associated with industrial activity: Ventura County Waste Water District Rule 12 -A. Authority to promulgate rules and regulations regarding wastewater discharges. Rule 12 -B -2. Authority to issue industrial wastewater permits. Rule 12 -C -3 Specific discharge limitations for industrial users. Rule 12 -D -1 Pretreatment regulatory actions. Rule 12 -D -2 Pretreatment facilities and operation. Moorpark Municipal Code Title 15. Building and Construction Sec. 15.08.010. Adopts Uniform Building Code. Sec. 15.08.050. Grading enforcement by City Engineer. Sec. 15.14.050. Adopts Uniform Plumbing Code. Chapter 16. Adopts Uniform Fire Hazard Zone Requirements (although fire services and hazardous materials services are provided by the Ventura County Fire Protection _ District.) Uniform Building Code Sec. 902. Construction, height, and allowable area_ Sec. 7012. Drainage and terracing. Sec. 7013. Erosion control. Uniform Plumbing Code Sec. 612. Chemical wastes; pretreatment. RECONMMNDATIONS: Moorpark should adopt specific prohibitions on unauthorized discharges to the ground or to storm drains from industrial activities. (B) Prohibitions on illicit discharges: Moorpark Municipal Code Title 8. Health and Safetv. Chanter 8.04. Nuisances Sec. 8.04.010. Sewage Discharges. Sec. 8.04.070 Abatement of a Nuisance Notice. Sec. 8.04.080 Abatement by City. Chapter 8.08. Garbage and Fly Control Sec. 8.08.020. Prohibitions. Sec. 8.08.030. Storage restrictions. 00'48- >s Sec. 8.08.040. Unauthorized dumping. Chaster 8.36. Solid Waste Sec. 8.36.030. Solid waste accumulation Sec. 8.36.110. Solid waste disposal. Title 12, Chapter 12.04, Art. 1. Encroachments Sec. 12.04.230. Permits required to install storm drains. Title 15, Chapter 58. Building and Construction Sec. 5804. Swimming Pool drainage and disposal. Chapter 2. Subdivisions Art. 16. Environmental impact and grading control Uniform Plumbing Code Sec. 304. Damage to drainage system or public sewer. Sec. 710. Minimum requirements for auto wash rack. Sec. 1102. Damage to public sewer or private sewage disposal system. Ventura County Waste Water District Rule 12 -C -1. Prohibits discharge of domestic or industrial wastewater to the ground or to storm drains. RECOMMENDATIONS: Moorpark's legal authority would be considerably stronger in this area if the city would adopt ordinances dealing with flood protection/prevention, hillside erosion. (C) Controls on spills, dumping or disposal of materials other than storm water. Moorpark Municipal Code Title 8. Health and Safety Sec. 8.04.060 Sewage discharges. Sec. 8.08.040. Garbage disposal requirements Chapter 8.36. Solid Waste Sec. 8.36.110. Dumping of waste prohibited except at designated disposal sites. Ventura County Water Works District #1 Rules and Regulations Rule 12 -D -3. Protection from accidental discharge. RECOMMENDATIONS: In order to demonstrate adequate legal authority, Moorpark needs to adopt ordinances regulating flood hazards and hazardous substances. In addition, Moorpark should adopt some type of regulatory authority to abate nuisances and order corrective actions to be taken. 2 00 144 (D) Interagency agreements to control pollution from one .storm sewer to another: Moorpark has the authority to enter into any interagency agreements that do not conflict with State law. Moorpark has approved the NPDES Implementation Agree ment with VCFCD, which seeks to implement a single NPDES permit for all discharge from municipal separate storm sewers in urban portions of Ventura County. (E) Requirements for compliance with local laws: Mooroark Municipal Code Title 1. General Provisions Cha ter 1.12. Enforcement and Penalties Sec. 1.12.110. Arrest without a warrant for penalties in officer's presence. Sec. 1.12.010. Violations - Misdemeanor. Sec. 1.12.020. Aiding and abetting. Sec. 1.12.030. Prosecution of misdemeanor or infraction. Sec. 1.12.040. Penalty for violation. Sec. 1.12.050. Fines - Imprisonment pending payment. Sec. 1.12.060. Fines - Failure to pay. Sec. 1.12.070. Nuisance - abatement. Sec. 1.12.090. Violation of administrative provisions. Sec. 1.12.110. Citation - Issuance. Sec. 1.12.120. Imprisonment - place. Title 8 Health and Safe Sec. 8.12.010. Enforcement - Arrest authority. Ventura Coimlty Water Works District #1 Rules and Re ulations Rule 12 -F -2. Industrial Waste Discharge Permits. Rule 12 -H -1. Declaration of a public nuisance. Rule 12 -H -2. Enforcement provisions. RECOMMENDATIONS: It is highly recommended that Moorpark adopt ordinances specifying the city's legal authority for enforcement cost recovery. (F) Inspection, surveillance, and monitoring procedures to determine compliance with Permit conditions: Ventura County Waste Water District Rules and Regulations for Sewers a Dis osal Rule 12 -13-3. Authority to inspect for rules compliance. Rule 12 -F -1. Industrial wastewater records and monitoring. Mooroark Municipal Code Title 8 Health and Safet Sec. 8.04.010. Inspection of premises. 00151) 3 Exhibit E 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 April 5, 1995, 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 Quality Management Efforts Mandated by the National Pollutant Discharge Elimination System (NPDES) Federally Mandated 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, consisting of a number of programs designed to identify and remove sources of pollution from these waterways. THE COST TO LOCAL GOVERNMENT FOR THE IMPLEMENTATION OF THESE EFFORTS 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. The City Council of the City of Moorpark is considering requesting that the VCFCD include in their NPDES assessment for Fiscal Year 1995/96 an additional amount deemed necessary to fund City costs necessary to implement the requirements of the federal NPDES program. Amount of Assessment: The amount of the additional City NPDES assessment which the city Council will be considering at the subject public hearing is $ per Benefit Assessment Unit (BAU). Be advised that a single family residential dwelling unit is assigned 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, Extension 256. You may also submit any comments you may have regarding this matter, 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: March 1, 1995 by: Kenneth C. Gilbert, Director of Public Works Publish Date: March 23, 1995 Inv.# Moorpark News Mirror 00 5?