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Home My WebLink AboutAgenda Report - September 3, 2008 I-03 PHAGENDA ITE.T" 5 is% CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Public Hearing to Consider Resolution Setting Fee for Storm Drainage Development Standard Plans Compliance inspection for Post Construction Best Management Practices as Required in the Standards MEETING DATE: September 3,2008 PREPARED BY: Public Works Director RECOMMENDED ACTION: Conduct a public hearing to consider a resolution setting a $122 fee for Storm Drainage Development Standard Plans compliance inspection for post construction Best Management Practices as required in the Standards. BACKGROUND INFORMATION: The State Water Resources Control Board issued the City of Lodi Permit WDID No. 5B39NP00028 (Permit) that governs the discharge of storm water runoff. A condition of that permit requires the adoption of a Stormwater Development Standards Plan (Standards) perAttachment No. 4 of the State's General Discharge Permit. These Standards were adopted by Council at the August 6, 2008 meeting. The Permit requires inspections of the Best Management Practices (BMPs) required by the Standards during construction and annually thereafter to confirm they are being correctly maintained and operated. The construction inspection fee was adopted by City Council on April 18, 2007 and is currently $122 per site per visit. The proposed post-constructionfee is $122 per site per year, assuming a single visit is required. The property owner would be billed after each inspection. Should a site require multiple inspections, that expense would also be billed. The Standards also apply to subdivisions of ten lots or greater, in which case, community -serving BMPs may be required. Although the construction cost for the BMPs would be borne by the developer, the costs for the annual inspections would be absorbed by the City without a post construction fee in place. Alternatives for funding this class of inspections include Community Facilities Districtsfor Public Services, Homeowner Associations, and Lighting and Landscape Maintenance Districts. Policy direction on this class of BMPs will be brought to the City Council on a case-by-case basis. The fee will become effective 30 days after the date of adoption of the resolution and would be annually adjusted on July 1, using the Consumer Price Index (San Francisco, Urban, unadjusted). Staff requests the City Council conduct a public hearing to consider a resolution establishing the fee for the Storm Drainage Development Standard Plans compliance inspection for post construction Best Management Practices as required in the Standards. FISCAL IMPACT: Project revenue for the first year is $1,220. That will increase each year as new projects and redevelopment projects are constructed. FUNDING AVAILABLE: Not applicable. F. Wally delin Public Works Director Prepared by George M. Sradiey, Streets 8 DrainageManager FWSIGMBldsg APPROVED: Blair City Manager K:\VVP\COUNCIL\08\PHStormDrainageDSPFees.doc 8/28/2008 RESOLUTION NO. 2008-180 A RESOLUTION OF THE LODI CITY COUNCIL SETTING FEE FOR STORM DRAINAGE DEVELOPMENT STANDARD PLANS COMPLIANCE INSPECTION FOR POST CONSTRUCTION BEST MANAGEMENT PRACTICES WHEREAS, the Lodi Municipal Code requires the City Council, by resolution, to set fees for various services provided by the City of Lodi to recover those costs associated with providing specific services and programs; and WHEREAS, the State Water Resources Control Board issued the City of Lodi Permit WDID No. 5B39NP00028 that governs the discharge of storm water runoff: and WHEREAS, the permit requires inspections of the Best Management Practices (BMPs) required by the Standards during construction and annually thereafter to confirm they are being correctly maintained and operated; and WHEREAS, the construction inspection fee was adopted by City Council on April 18, 2007, and is currently $122 per site per visit; and WHEREAS, staff recommends a post -construction fee of $122 per site per year, assuming a single visit is required. The property owner would be billed after each inspection. Should a site require multiple inspections, that expense would also be billed. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council finds as follows: 1. That the establishment of a fee for Storm Drainage Development Standard Plans compliance inspection for post construction BMPs is necessary to insure that the BMPs are being correctly maintained and operated; and 2. That the post -construction fee will be $122 per site per year, assuming a single visit is required. The property owner will be billed after each inspection. Should a site require multiple inspections, that expense would also be billed: and 3. That the fee will become effective 30 days after the date of adoption of this resolution and that the fee will be annually adjusted on July 1, using the Consumer Price Index (San Francisco, Urban, unadjusted); and 4. That all resolutions or parts of resolutions in conflict herewith are repealed insofar as such conflict may exist; and 5. That this resolution shall be published one time in the "Lodi News - Sentinel," a daily newspaper of general circulation printed and published in the City of Lodi, and shall be in force and take effect immediately upon its adoption. Dated: September 3, 2008 ------------ ------------------------------------------------------------------ hereby certify that Resolution No. 2008-180 was passed and adopted by the City Council of the City of Lodi in a regular meeting held September 3, 2008, by the following vote: AYES: COUNCIL MEMBERS— Hansen, Hitchcock, Johnson, Katzakian, and Mayor Mounce NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS— None ABSTAIN: COUNCIL MEMBERS— None RANDIJOHL City Clerk 2008-180 Regional Water Quality Board Minimum Mandatory Penalties (MMP's) White Slough Water Pollution Control Facility August 2008 1 What is a Minimum Mandatory Penalty (MMP)? . SB 709 — Effective January 1, 2000 . Require Minimum Mandatory Penalties or (MMP's) for Certain Violations of the California Water Code . Minimum Penalties are $3,000 per Qualifying Violation . From 2000 to 2008 Board Enforcement of MMP's was Minimal Due to Staffing Restrictions Lodi's Administrative Civil Liability Complaint (Fine for Discharge Violations 2000-2008) Discharge Violations Summary . 71 Total Violations . Coliform . Total Suspended Solids (TSS) . p H Three Major Plant Upgrades r Conversion from Chlorine to UV Disinfection Lodi's Administrative Civil Liability Complaint (Fine for Discharge Violations 2000 - 2008) . Board Issued Draft ACLC in May • Alleged 53 of 71 Violations Qualified for MMP's • $1531000 City Responded to Board in June . Contended only 2 Violations Qualified for MMP's . $6,000 Board Issues Final ACLC in August • Claimed a total of 7 Violations Qualified • $211000 2 Lodi's Administrative Civil Liability Complaint (Fine for Discharge Violations 2000-2008) Reasons for Reduced Violations/ Fine . Monitoring Errors and Minor Process Upsets During Facilities Start Up . Board Originally Mis-Interpreted Previous Permit . Good Documentation by Staff of Issues During Start Up . Credible Relationship with Board Lodi's Administrative Civil Liability Complaint (Fine for Discharge Violations 2000-2008) .- City has Three Options: • Pay Fine by September 15, 2008 • Enter Into Settlement Discussions • Contest the Complaint and Enter Into Settlement Discussions Staff Recommends to Pay Fine • Costs Associated with Contesting will Likely Exceed Reduced Fine. • Process Could Compromise City's Relationship With the Board AI QUESTIONS Lodi's Administrative Civil Liability Complaint (Fine for Discharge Violations 2000-2008) s Reasons for Reduced Violations . Staff Over -Reporting (UV Start Up) . Board Interpretation of Previous Permit . Violation Frequency Reasons for Reduction in Fine . Board Considered Additional Information Related to Several of the Violations . Good Documentation by Staff . Credible Relationship with Board Please immediately confirm receipt dF this fax by calling 333-6702' QTY OF LODI P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT: PUBLIC HEARING TO CONSIDER RESOLUTION SETTING FEE FOR STORM DRAINAGE DEVELOPMENT STANDARD PLANS COMPLIANCE INSPECTION FOR POST CONSTRUCTION BEST MANAGEMENT PRACTICES AS REQUIRED IN THE STANDARDS PUBLISH DATE: SATURDAY, AUGUST 23,2008 TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: DATED: THURSDAY, AUGUST 21,2008 ORDERED BY: RANDI JOHL CITY CLERK 10 AA All I J IFER M. FIERAIN, CMC UTY CITY ftERK RANDI JOHL, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 MARIA BECERRA ADMINISTRATIVE CLERK • Foxed #A0*,,€: nt1n6I at 369-1084 at ` lme) on -" I LNS Phoned to confirm receiotof all Daoes atJLT DRG JMP (initials) formsWAns.doc DECLARATION OF POSTING PUBLIC HEARING TO CONSIDER RESOLUTION SETTING FEE FOR STORM DRAINAGE DEVELOPMENT STANDARD PLANS COMPLIANCE INSPECTION FOR POST CONSTRUCTION BEST MANAGEMENT PRACTICES AS REQUIRED IN THE STANDARDS On Friday, August 22, 2008, in the City of Lodi, San Joaquin County, California, a Notice of Public Hearing to consider resolution setting fee for Storm Drainage Development Standard Plans compliance inspection for post construction best management practices as required in the Standards (attached and marked as ExhibitA) was posted at the following locations: Lodi Public Library Lodi City Clerk's Office Lodi City Hall Lobby Lodi Carnegie Forum declare under penalty of perjury that the foregoing is true and correct. Executed on August 22, 2008, at Lodi, California. J664IFER lZRtfhIN, CMC DEPUTY CITY CLERK' N:1Administration\CLERKIParms\DECPOSTPW.DOC ORDERED BY: RANDIJOHL CITY CLERK MARIA BECERRA ADMINISTRATIVE CLERK •. CITY OF LODI Carnegie Forum 305 West Pine Street, Lodi a' NOTICE OF PUBLIC HEARING Date: September 3, 2008 Time: 7:00 p.m. For information regarding this notice please contact: Baty i EXHIBIT Ci ClerkJerk Telephone: (209) 333-6702 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Wednesday, September 3, 2008, at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard, the City Council will conduct a public hearing at the Carnegie Forum, 305 West Pine Street, Lodi, to consider the following matter: a) Consider resolution setting fee for Storm Drainage Development Standard Plans compliance inspection for post construction best management practices as required in the Standards. Information regarding this item may be obtained in the Public Works Department, 221 West Pine Street, Lodi, (209) 333-6706. All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk, City Hall, 221 West Pine Street, 2nd Floor, Lodi, 95240, at any time prior to the hearing scheduled herein, and oral statements may be made at said hearing. If you challenge the subject matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Clerk, 221 West Pine Street, at or prior to the close of the public hearing. By Order of the Lodi City Council: City Clerk Dated: August 20,2008 D. Stephen Schwabauer City Attorney CLERKIPUBHEARWOT]CES%NotPW,doc 8FAMO • Please immediately confirm receipt aF this fax by calling 333-6702 CITY OF LODI P.O_BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT: RESOLUTION NO. 2008-180 SETTING FEE FOR STORM DRAINAGE DEVELOPMENT STANDARD PLANS COMPLIANCE INSPECTION PUBLISH DATE: SATURDAY, SEPTEMBER 6,2008 TEAR SHEETS WANTED: Three (3) please SEND AFFIDAVIT AND BILLTO: RANDI JOHL, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, SEPTEMBER 4,2008 ORDEREDBY: RANDI JOHL CITY CLERK •i , J IFER M.LPERRIN, CMC DEPUTY CITY CLERK MARIA BECERRA ADMINISTRATIVE CLERK Faxed to the Sentinel at 369-1084` m 3(date) (pages) LNS Phoned to confirm recce= �" � _.JLT _DRC__JMP (Initials) forms%advins doc PROOF OF PUBLICATION (2015.5 C.C.C.P.) STATE OF CALIFORNIA County of San Joaquin I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above entitled matter. I am the principal clerk of the printer of the Lodi News -Sentinel, a newspaper of general circulation, printed and ii,ublished daily except Sundays and holidays, in the City of Lodi, California, County of San Joaquin :ind which newspaper had been adjudicated a newspaper of general circulation by the Superior Court, Department 3, of the County of San Joaquin, State of California, under the date of May 26th, 1953. Case Number 65990; that the notice of which the annexed is a printed copy (set in type not ,�lnaller than non-pareil) has been published in :�aeh regular and entire issue of said newspaper tnd not in any supplement thereto on the following _totes to -wit: September 9th, ill in the year 2008. certify (or declare) under the penalty of perjury hat the foregoing is true and correct. ed at Lodi, �liio a, this 9th day o ��p tuber 208. G; ��c ................................ Signature 23��9 D This space is for the County Clerk's Filing Stamp 'roof of Publication lesolution No. 2008-i8o Setting Fee for Storm Drainage )evelopment Standard Plans Compliance Inspection WHEREAS. the State Water is � Gtr Board issued the pi of Lodi Permit WDID E 8 that governs the discharge of Storm water runoff; and ff d WHEREAS. the p in_ MMMttt Mrr � adopted by City 121111111111111111 on April 18, 2007, and a currently $122 per sate per visit; and r NOW, THEREFORE BE IT RE. SOLVED that the' Lodi city Council finds as follows: 3. That I lective 30 adoption that the ti justed on Pr cisco, Utd 4. That at 6[�ti are reoe 5. That per ofer and pu is and shall tett imme tion. Dated: I hereby No. 2008 adopted I the ig 20�CB�byI AYES BERS — Johnson. Mayor Mc NOES: BERS — t; ABSENT BERS— I BERS — HANDI City Cle