HomeMy WebLinkAboutAGENDA REPORT 1997 1119 CC REG ITEM 08AAGENDA REPORT
C = TY O F MOORPAF
TO: The Honorable City Council
FROM: Kenneth C. Gilbert, Director of Public
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ITEM S• A •
aff OF M00"#. +
City Cou cil Meeting
199 z--
DATE: November 7, 1997 (Council Meeting 11- 19 -97)
SUBJECT: Consider Adoption of Ordinance No. Adding Chapter
8.52 to the Moorpark Municipal Code Relating to Storm
Water Quality Management
EXECUTIVE SUMMARY
This presents for discussion, a draft ordinance (Exhibit 1)
establishing regulation and enforcement procedures necessary to
enable the City to properly implement stormwater pollution
reduction measures required by the federally mandated National
Pollution Discharge Elimination System (NPDES) program.
DISCUSSION
A. Federal Clean Water Act Requirements
Section 1 of the draft ordinance (Exhibit 1) sets forth
background information which explains the nature of %this
federally- mandated program, some of the efforts undertaken in
recent years to develop and implement that program and the
reasons why this ordinance must be adopted in order to fully
comply with the requirements of that program. lk
B. Stormwater Ouality Committee
The Countywide Stormwater Quality Management Committee [the
Ventura County Flood Control District (VCFCD), the County of
Ventura, and the cities of Camarillo, Fillmore, Moorpark, Ojai,
Oxnard, Port Hueneme, San Buenaventura, Santa Paula, Simi Valley
and Thousand Oaks] was formed to comply with and implement the
requirements of federal and state clean water laws. That
committee developed and submitted an application, including the
Ventura Countywide Stormwater Quality Management Plan
(Stormwater Quality Management Plan), to be covered by a single
NPDES permit for publicly owned storm drain systems in Ventura
County.
The Ventura Coutywide Stormwater Quality Committee, and its
various subcommittees, also developed the various programs
necessary to implement the requirements of the NPDES program.
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Storm Water Quality Ordinance
November 19, 1997
Page 2
Attached as background information is a copy of a Memo dated
July 11, 1996, (Exhibit 2) summarizing the requirements of the
NPDES program as they relate to the City of Moorpark.
C. Ordinance Development
One of the tasks of the Ventura Coutywide Stormwater Quality
Committee was to assist each of the co- permittees in the
development and adoption of a Stormwater Quality Ordinance. The
Committee developed a "boilerplate" draft ordinance for that
purpose.
One of the associates in the City Attorney's Office used that
"boilerplate" and other resources to develop the attached draft
Ordinance (Exhibit 1). This final draft deletes certain
provisions which were seen as exceeding the minimum requirements
of the law, and adds the language set forth in Section 1 of the
Ordinance providing some of the background and justification for
these new regulations. The cost for the development of this
final draft ordinance was shared with the Cities of Port Hueneme
and Camarillo -- other Burke, Williams & Sorensen clients.
The Public Works, Facilities and Solid Waste Committee received
and reviewed both a prior draft ordinance based on the
Committee's "boilerplate," as well as the attached draft
prepared by the City Attorney.
D. Purpose of the Ordinance
The purpose of the ordinance is to establish City regulations
making it a violation of the Municipal Code for anyone to act in
a manner which produces pollutants to the streets and storm
drains or to fail to take necessary and appropriate actions to
prevent the generation of pollutants to the streets or storm
drains. The ordinance will also provide the City with the
police powers necessary to enforce these regulations.
It should be noted that although certain public agencies (e. g.
Moorpark Unified School District and Caltrans) may be exempt
from the City regulations established by this ordinance, such
agencies are not exempt from the provisions of the federal Clean
Water Act. Although the Countywide Stormwater Quality Program
includes outreach efforts to those agencies, ultimate
enforcement responsibilities rest with the Regional Water
Quality Control Board.
strmvtr3.ord
Storm Water
November 19,
Page 3
E. Permits
Quality Ordinance
1997
The Ordinance provides that all non - stormwater discharges into
the City's storm drain system are prohibited, except those
discharges specifically listed in Section 8.52.020 (1) of the
ordinance. The prior draft "boilerplate" ordinance provided for
the issuance of permits to allow the City to regulate, if
necessary, these "allowed" discharges. Those provisions have
been deleted from the attached draft ordinance because they were
not required in order to meet the minimum requirements of the
law.
F. Program Funding
As you know, the City of Moorpark is the only City in Ventura
County which does not utilize the VCFCD Flood Control Benefit
Assessment District to generate monies to partially fund its
NPDES programs. Such programs in Moorpark are funded by other
sources including: the General Fund, the Community Development
Fund and the Gas Tax Fund. To some degree, the enforcement
efforts required by the subject ordinance, will be funded by
fees and fines discussed and defined in the ordinance.
RECOMMENDED ACTION
Staff recommends that the City Council take the following actions:
1. Open the public hearing;
2. Accept public testimony;
3. Close the public hearing; and,
4. Introduce Ordinance No. Adding Chapter 8.52 to the
Moorpark Municipal Code Relating to Storm Water Quality
Management for first reading.
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M E M O R A N D U M
TO: The Honorable City Council
FROM: Kenneth C. Gilbert, Director of Public Works
DATE: July 11, 1996
SUBJECT: NPDES Program Summary
As you know, over the next several months it will be necessary for
the City to become more involved with implementation of a number of
programs required by the City's NPDES Stormwater Discharge Permit.
The following is a brief summary of those programs and the tasks
required to implement same.
ADMINISTRATION
Management Committee: The Director of Public Works. has and
will continue to attend monthly meetings of the. Ventura
County Stormwater Quality Management Committee. This
committee (represented by each of the Cities and VCFCD)
manages Countywide NPDES programs.
Sub - Committees: The Public Works Management Analyst has and
will continue to attend monthly meetings of a number of sub-
committees responsible for the development of the specific
programs set forth in this report. In the future it may be
necessary for other staff members to attend sub - committee
meetings dealing with non - public works issues (i.e. land
use). A list of these sub - committees is as follows:
• Residential / Public Outreach
• Public Infrastructure
• Land Development
• Construction
• Business and Illicit Discharge
Legal Authority
a. Develop "boilerplate" Stormwater Ordinance: Staff is
working with a subcommittee on the development of the
language to be set forth in the Countywide "boilerplate"
document which each City will use to fashion their own
ordinance. One of the findings discovered early on is
that the current ordinances of each of the Cities do not
provide sufficient "police powers" to fully implement the
program. Adoption of a Stormwater Quality Ordinance was
recommended.
b. Adopt ordinance: Staff will use the "boilerplate"
ordinance as a guide in developing the Moorpark ordinance.
The final draft will be reviewed by the City Attorney
prior to submittal to the City Council. [Due Date: undetermined]
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W10211
Cx 2
NPDES Program Summary
July 1996
Page 2
Compile Annual Compliance Data: Staff must provide
information to VCFCD semi - annually, which they use to prepare
the Annual and Semi - Annual Compliance Reports.
PROGRAMS FOR RESIDENTS
Public Information
a. Distribute Brochures, Etc.: Materials are made available
to the public at City counters. [ongoing]
b. Conduct Public Outreach Efforts: Staff has "manned'
public displays and information booths at community
events. [Will give presentations in the future as deemed
necessary and appropriate]
c. Storm Drain Inlet Stenciling: All catch basins have been
stenciled. As paint wears off re- painting will be
required. [ongoing]
d. Show Video: The Countywide Committee is having a video
presentation prepared on NPDES Public Information. When
completed, video will be shown on local cable channel. [to
be presented as necessary]
e. School Education Program: The Countywide Committee has
and will prepare and provide to School Districts public
information materials related to NPDES.
Refuse Disposal
a. Coordinate With Existing Solid Waste Education Programs:
The Countywide Committee has developed public outreach
information pertaining to proper refuse disposal practices
as they relate to the prevention of stormwater pollution.
These materials need to be integrated into existing solid
waste educational programs. [To be implemented]
b. Follow -up: Other efforts may be identified in the future
to improve the effectiveness of this program.
[undetermined]
Yard /Landscape Maintenance Practices
a. Distribute Information Regarding Proper Landscape
Maintenance Practices: The Countywide Committee has
developed public outreach information pertaining to proper
landscape maintenance practices as they relate to the
prevention of stormwater pollution. The City of Camarillo
has implemented a "pilot" program. Other Cities will be
expected to implement their own programs later this year.
[To be implemented]
b. Follow -up: Subsequent to implementation and evaluation of
this program, other efforts may be identified in the
future to improve program effectiveness. [undetermined]
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Fx- 2
NPDES Program Summary
July 1996
Page 3
Vehicle Maintenance Practices:
a. Distribute Information Regarding Proper Automotive
Maintenance Practices: The Countywide Committee has
developed public outreach information pertaining to proper
automobile maintenance practices as they relate to the
prevention of stormwater pollution. The City of Oxnard
has implemented a "pilot" program. Other Cities will be
expected to implement their own programs later this year.
[To be implemented]
b. Follow -up: Subsequent to implementation and evaluation of
this program, other efforts may be identified in the
future to improve program effectiveness. [undetermined]
PROGRAMS FOR BUSINESSES
Automotive
a. Inspection Program
1) Retain VCFCD (via County Environmental. Health
Department) to perform stormwater quality inspection of
all automotive businesses in the City as a part of the
annual inspections already performed by that agency.
[Contract to be awarded]
2) Evaluate inspection results to determine if follow -up
efforts are required. [Future Task]
b. Public Information: Distribute training materials to
automotive businesses pertaining to proper automobile
maintenance practices [BMPs] as they relate to the
.prevention of stormwater pollution. [To be implemented]
c. Follow -up: Subsequent to implementation and evaluation of
this program, other efforts may be identified in the
future to improve program effectiveness. [undetermined]
Restaurants:
a. Public Information: The Countywide Committee has
developed a "Clean Business" Program designed to recognize
efforts of restaurants to prevent stormwater pollution.
This program has been implemented as a "pilot program" in
the City of Thousand Oaks. Other Cities are expected to
implement like programs later this year. [To be
implemented]
b. Follow -up: Subsequent to implementation and evaluation of
this program, other efforts may be identified in the
future to improve program effectiveness. [undetermined]
Haz Mat Controls: The Countywide Committee is developing a
report assessing overall Haz Mat response activities to
determine if changes should be made to better address
stormwater pollution prevention. [In progress]
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( 0WZ3
NPDES Program Summary
July 1996
Page 4
Pretreatment /Source Controls: All sewer agencies have
pretreatment programs involving the inspection of industrial
facilities to confirm that unauthorized materials are not
being dumped into the sewer system. The Countywide Committee
will be reviewing' those procedures to insure that
inappropriate materials are not being re- directed to the
storm drainage systems. [In progress]
Other Businesses: Subsequent to implementation and
evaluation of programs aimed at Automotive Service and
Restaurants, other programs dealing with other types of
businesses (i.e. dry cleaners) may be developed and
implemented.
PUBLIC INFRASTRUCTURE
Education: The Countywide Committee has developed a training
program for public agency personnel identifying pertinent
Best Management Practices [BMPs] related to various public
works practices. Each co- permittee has distributed this
information and conducted training sessions with its
employees. [Completed]
Refuse Collection: The Countywide Committee will evaluate
pilot programs being conducted by the Cities of Oxnard and
Port Hueneme designed to evaluate refuse collection
techniques, methods and procedures. The Committee will then
put forth guidelines for other co- permittees to use in
revising current refuse collection practices to reduce and /or
eliminate sources of stormwater pollution. [Undetermined]
Sewage Treatment Plant O &M: NPDES program requirements are
enforced upon Sewage Treatment Plants by the RWQCB as a part
of that agencies oversight of those facilities. Such matters
are not a part of the Countywide Stormwater Discharge Permit.
Sewage Collection System O &M: The Countywide Committee has
developed a training program for public agencies which own
and operate sewage collection systems. County Waterworks
District #1 is working with the appropriate NPDES sub-
committee on implementing relevant BMPs. [Completed]
Drainage System O &M:
a. Forms: The Countywide Committee has developed a set of
procedures, instructions, forms, etc. to enable field
personnel to gather data on existing drainage system
maintenance practices. These forms are already being used
by Moorpark field personnel. [Implemented]
b. Follow -up: Subsequent to implementation and evaluation of
this program, other efforts may be identified in the
future to improve program effectiveness. [undetermined]
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NPDES Program Summary er. z
July 1996
Page 5
• Roadway System O &M:
a. Forms: The Countywide Committee has developed a set of
procedures, instructions, forms, etc. to enable field
personnel to gather data on existing street sweeping,
street repair and street maintenance practices. These
forms are already being. used by Moorpark field personnel.
[Implemented]
b. Follow -up: Subsequent to implementation and evaluation of
this program, other efforts may be identified in the
future to improve program effectiveness. [undetermined]
• Landscape Maintenance:
a. Forms: The Public Works Management Analyst for Moorpark
chaired the sub - committee responsible for the development
of a set of procedures, instructions , forms, etc. to
enable field personnel to gather data on existing
landscape maintenance practices. These forms and
procedures were submitted to the Management Committee.
When approved this program will be distributed to all Co-
permittees for implementation. [To be implemented]
b. Follow -up: Subsequent to implementation and evaluation of
this program, other efforts may be identified in the
future to improve program effectiveness. [undetermined]
• Corporate Yards:
a. Initial Inspection: The City of Moorpark already
conducted an initial inspection of its Corporate Yard
(maintenance facilities) and determined that all
appropriate BMPs are in use.
b. Forms: The Countywide Committee is developing a set of
procedures, instructions, forms, etc. to enable Co-
permittees to gather data on existing Corporate Yard O &M
methods and practices. When completed and approved, this
program will be distributed to all Co- permittees for
implementation. [To be implemented]
c. Follow -up: Subsequent to implementation and evaluation of
this program, other efforts may be identified in the
future to improve program effectiveness. [undetermined]
ILLICIT DISCHARGE CONTROL
Investigations
a. Initial Inspections: In the summer of 1995 the Public
Works staff conducted free on -site Illicit Discharge
Inspections of the industrial properties located northeast
of Gabbert Road and Los Angeles Avenue. The purpose of
these inspections was to provide those parties with
suggestions [BMPs] on how to alter their operations to
reduce or eliminate on -site sources of stormwater
Pollution. [completed]
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NPDES Program Summary
July 1996
Page 6
b.
C.
d.
A
Cx. 2
Phase 2 Inspections: This summer staff conducted like
inspections of the industrial properties on Condor Drive.
[completed]
Future: Illicit Disci
other properties in
Follow -up: Efforts
(enforcement) may be
in order to improve
[undetermined]
.arge Inspections will be performed on
the future. [on going]
ther than complimentary inspections
necessary at some point in the future
the effectiveness of this program.
Reporting: Staff may have to be trained on how to properly
report suspected illicit discharges (potential sources of
stormwater pollution). [undetermined]
Spill Control: Staff may have to be trained on how to direct
reports of "spills" (sources of stormwater pollution) to the
proper response agency. [undetermined]
Water Conservation / Reuse: The Countywide Committee will be
working on a program to integrate water conservation efforts
with NPDES objectives. [Future]
PLANNING AND LAND DEVELOPMENT
Sub - Committee Efforts: The Land Development Sub - Committee
developed a number of guideline documents to facilitate the
implementation of .Land Use related programs. These documents
are referred to below.
Education / Outreach to Developers: A document entitled
Overview of Countywide Approach (ED -1) will soon be
completed, approved by the Management Committee and
distributed to all Co- Permittees. The purpose or function of
this document is to explain land use related NPDES
requirements to the development Community and to public
policy makers. [In Work]
Land Use Planning & Zoning
a. General Plan: A document entitled Stormwater Pollution
Considerations for General Plans (LU -11 will soon be
completed, approved by the Management Committee and
distributed to all Co- Permittees. The purpose or function
of this document is to provide to planners, developers and
the general public, guidelines related to Stormwater
Quality considerations which should be used in the
processing and approval of General Plan Updates. [In
Work]
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NPDES Program Summary
July 1996
Page 7
fY. 2
b. Planning Methods / Criteria: A document entitled
Stormwater Ouality Master Planning Methodology and
Criteria (LU -2)- will soon be completed, approved by the
Management Committee and distributed to all Co- Permittees.
The purpose or function of this document is to provide to
municipal planners and developers, guidelines related to
Stormwater Quality considerations which should be used in
the processing and approval of Specific Plans, Master
Drainage Studies and large developments. [In Work]
c. Zoning: A document entitled Stormwater Pollution
Considerations for Zoning for Priority Outdoor Activities
LU -3 will soon be completed, approved by the Management
Committee and distributed to all Co- Permittees. The
purpose or function of this document is to provide to
municipal planners, guidelines related to Stormwater
Quality considerations related to Zoning, Land Uses,
Requests for Zone Changes, etc. [In Work]
Development Standards
a. Plan Review: A document entitled Stormwater Pollution
Aspects of Development Proposal Review of Priority Outdoor
Activities (DS -1) will soon be completed, approved by the
Management Committee and distributed to all Co- Permittees.
The purpose or function of this document is to provide to
planners, engineers and developers, guidelines related to
Stormwater Quality considerations which should be used in
the processing and approval of site development plans
and /or permit applications. [In Work]
b. -Environmental Documents: A document entitled Stormwater
Quality Considerations for Environmental Reviews for
Priority Outdoor Activities (DS -2) will soon be completed,
approved by the Management Committee and distributed to
all Co- Permittees. The purpose or function of this
document is to provide to planners, engineers and
developers, guidelines related to Stormwater Quality
considerations which should be used in the development,
review and approval of documents required by CEQA. [In
Work]
c. Standards: A document entitled Suggested Development
Standards for Priority Outdoor Activities (DS -3) will soon
be completed, approved by the Management Committee and
distributed to all Co- Permittees. The purpose or function
of this document is to provide to planners, engineers and
developers, suggested designs, standards, covenant
agreements, maintenance requirements, etc. related to
preservation and /or improvements of Stormwater Quality.
[In Work]
• Permits & Inspections: A document entitled Inspection
Procedures for Priority Outdoor Activities (PI -1) will soon
be completed, approved by the Management Committee and
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/ NPDES Program Summary
July 1996
Page 8
distributed to all Co- Permittees. The purpose or function of
this document is to provide to planners, engineers and
developers, suggested check lists, forms and instructions to
facilitate adequate implementation of standards and
requirements related to preservation and /or improvements of
Stormwater Quality. [In Work]
CONSTRUCTION SITES
Education / Outreach:
a. Training: The Countywide Committee has developed
materials to assist private sector contractors and public
sector inspectors in understanding the stormwater
Pollution prevention objectives at construction sites.
Training seminars were conducted and materials were
distributed to interested parties. The City's Engineering
Department makes these documents available to contractors.
[completed]
b. Follow -up: Additional training seminars may be conducted
by the County in the future as required.
c. SWPPP: The Countywide Committee is also developing
"boilerplate" standards to be used by each Co- permittee in
developing Stormwater Pollution Prevention Plan (SWPPP)
requirements. These plans would be required by both
public and private project which require grading in excess
of five (5) acres. [In Progress]
d.. Documentation: . City staff (including engineering) is
required to document stormwater pollution prevention
measures taken. [On- going]
• Public Works Projects: The City must adopt standard SWPPP
language and requirements. [to be implemented]
• Private Sector Projects:
a. NOI: Prior to issuance of a grading or building permit,
for a project in excess of five (5) acres, the City
Engineer and Building Official require all contractors to
present proof that they have submitted to the Regional
Water Quality Control Board (RWQCB) a Notice of Intent
(NOI). Filling of an NOI is required by law. The primary
purpose of this document is to enable the RWQCB to develop
a data base of private sector companies who engage in
activities which have the potential of polluting
stormwater ( i.e. Truck terminal).
b. SWPPP: The City will be required to adopt and SWPPP
standards and guidelines.
cc: City Manager
Deputy City Manager
Department Heads
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