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HomeMy WebLinkAboutResolution - 3564 STATE OF CALIFORNIA ) RESOLUTION NO. 3564 COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, SETTING RATES FOR COUNTY SERVICE AREA 152-SAN JACINTO TO FUND THE CITY'S NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT. WHEREAS, The County of Riverside, by its Resolution No. 94-411, adopted December 6, 1994, annexed the City of San Jacinto to its County Service Area (CSA) — 152 at the City's request in order to partially fund the costs of maintaining and operating the city's Municipally Separate Storm Sewer System (MS4) and to comply with the requirements set forth in the National Pollutant Discharge Elimination System (NPDES) Permit And Waste Discharge Requirements for the Riverside County Flood Control And Water Conservation District, the County Of Riverside, and the Incorporated Cities of Riverside County Within the Santa Ana Region (NPDES No. CAS 618033); and, WHEREAS, under the NPDES Permit, the City is required to monitor, inspect and clean the City's storm drain system so as to prevent unauthorized and potentially hazardous discharge into the San Jacinto River as a tributary to the Santa Ana River, and to carry out programs and activities to maintain compliance with the NPDES Permit; and, WHEREAS, the City by Resolution No.95-16, adopted on March 21, 1995 established the annual assessment of $4.26 per Benefit Assessment Unit for funding CSA-152; and, WHEREAS, the City by Resolution No. 98-29 adopted on June 4, 1998 made findings that the assessments provided under CSA-152 confer benefits upon each parcel subject to the assessments; and, WHEREAS, City costs to inspect, clean and maintain all of its MS4 system continually increase; and, WHEREAS, since the initiation of the original NPDES permit issued by the Santa Ana Regional Board on July 13, 1990, each subsequent NPDES Permit renewal, which has occurred generally on five-year terms, has increased the regulatory obligations imposed upon the City in the implementation of the Permit, and the anticipated fifth term Permit currently being proposed by the Santa Ana Regional Board is anticipated to increase the regulatory compliance requirements imposed on the City during the next five years; and WHEREAS, the current Benefit Assessment Unit has remained the same since 1995, while the program costs have continued to increase, resulting in increasing dependence on General Fund support; and, WHEREAS, the current assessment is projected to provide approximately $75,700.00 in Fiscal Year 2015-16 from the approximately 12,395 parcels upon which the assessment is levied; and, WHEREAS, the Benefit Assessment Unit Assessment Range is allowed to increase to a maximum of $10.00 per BAU, and that cities within the Santa Ana Region have Benefit Assessment Unit rates of up to $10.00 per BAU; and, WHEREAS, the fiscal impact of the proposed changes to the CSA-152 assessment will positively affect the General Fund and other funds which currently lend support to the NPDES program; and, WHEREAS, the Regional Water Quality Control Board and the Federal Environmental Protection Agency both have enforcement authority, including the ability to issue fines of $10,000 per day by the Regional Board and up to $37,500 per day by the EPA. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: That the City desires to continue to proactively implement the requirements imposed upon the City by the NPDES Permit, and subsequent renewals. Section 2: That the City desires to minimize the impact of the NPDES program upon the General Fund, and that participation in CSA-152 provides continue funding for the City's obligations under the NPDES program. Section 3: That the City Council requests that the Riverside County Board of Supervisors increase the CSA-152 assessments within the City of San Jacinto from an annual rate of$4.26 to $10.00 per Benefit Assessment Unit effective July 1, 2015. PASSED APPROVED AND ADOPTED this 71h day of April, 2015. City of San Jacinto pb�4s a--F E stal juiz, Mayor ATTEST: ichard Miller, CA Clerk APPROVED AS TO FORM: Best Best & Krieger LLP Jeffrey S1. Balling r, City Attorney I, Richard Miller, City Clerk of the City of San Jacinto, do hereby certify that the foregoing Resolution No. 3564 is the actual resolution duly and regularly adopted by the City Council at a regular meeting on the 7th day of April, 2015, by the following vote to wit: Ayes: Bartel, Ledezma, Miller Nays: None Absent: Kotyuk, Ruiz Abstain: None Richard Miller, Ci Clerk STATE OF CALIFORNIA ) RESOLUTION NO. 3564 COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, SETTING RATES FOR COUNTY SERVICE AREA 152-SAN JACINTO TO FUND THE CITY'S NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT. WHEREAS, The County of Riverside, by its Resolution No. 94-411, adopted December 6, 1994, annexed the City of San Jacinto to its County Service Area (CSA) — 152 at the City's request in order to partially fund the costs of maintaining and operating the city's Municipally Separate Storm Sewer System (MS4) and to comply with the requirements set forth in the National Pollutant Discharge Elimination System (NPDES) Permit And Waste Discharge Requirements for the Riverside County Flood Control And Water Conservation District, the County Of Riverside, and the Incorporated Cities of Riverside County Within the Santa Ana Region (NPDES No. CAS 618033); and, WHEREAS, under the NPDES Permit, the City is required to monitor, inspect and clean the City's storm drain system so as to prevent unauthorized and potentially hazardous discharge into the San Jacinto River as a tributary to the Santa Ana River, and to carry out programs and activities to maintain compliance with the NPDES Permit; and, WHEREAS, the City by Resolution No.95-16, adopted on March 21, 1995 established the annual assessment of$4.26 per Benefit Assessment Unit for funding CSA-152; and, WHEREAS, the City by Resolution No. 98-29 adopted on June 4, 1998 made findings that the assessments provided under CSA-152 confer benefits upon each parcel subject to the assessments; and, WHEREAS, City costs to inspect, clean and maintain all of its MS4 system continually increase; and, WHEREAS, since the initiation of the original NPDES permit issued by the Santa Ana Regional Board on July 13, 1990, each subsequent NPDES Permit renewal, which has occurred generally on five-year terms, has increased the regulatory obligations imposed upon the City in the implementation of the Permit, and the anticipated fifth term Permit currently being proposed by the Santa Ana Regional Board is anticipated to increase the regulatory compliance requirements imposed on the City during the next five years; and WHEREAS, the current Benefit Assessment Unit has remained the same since 1995, while the program costs have continued to increase, resulting in increasing dependence on General Fund support; and, WHEREAS, the current assessment is projected to provide approximately $75,700.00 in Fiscal Year 2015-16 from the approximately 12,395 parcels upon which the assessment is levied; and, WHEREAS, the Benefit Assessment Unit Assessment Range is allowed to increase to a maximum of $10.00 per BAU, and that cities within the Santa Ana Region have Benefit Assessment Unit rates of up to $10.00 per BAU; and, WHEREAS, the fiscal impact of the proposed changes to the CSA-152 assessment will positively affect the General Fund and other funds which currently lend support to the NPDES program; and, WHEREAS, the Regional Water Quality Control Board and the Federal Environmental Protection Agency both have enforcement authority, including the ability to issue fines of $10,000 per day by the Regional Board and up to $37,500 per day by the EPA. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: That the City desires to continue to proactively implement the requirements imposed upon the City by the NPDES Permit, and subsequent renewals. Section 2: That the City desires to minimize the impact of the NPDES program upon the General Fund, and that participation in CSAA52 provides continue funding for the City's obligations under the NPDES program. Section 3: That the City Council requests that the Riverside County Board of Supervisors increase the CSA-152 assessments within the City of San Jacinto from an annual rate of$4.26 to $10.00 per Benefit Assessment Unit effective July 1, 2015. PASSED APPROVED AND ADOPTED this 71h day of April, 2015. City of San Jacinto 1 C(y stal juiz, Mayor ATTEST: Richard Miller, City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP Jeffre Sl'Ballinge , City Attorney