HomeMy WebLinkAboutResolution - 3562 STATE OF CALIFORNIA ) RESOLUTION NO. 3562
COUNTY OF RIVERSIDE)ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO, CALIFORNIA, SETTING RATES FOR STREET SWEEPING
ENFORCEMENT.
WHEREAS, the City is required to maintain and operate 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 MS4 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, 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 State of California through the State Water Resources Control
Board and its Regional Boards continues to increase the requirements set upon cities
for complying with the NPDES Program, including but not limited to ensuring the
effectiveness of street sweeping programs as a method for effectively removing
potential pollutants such as trash, organic materials, fines, and other constituents from
storm water discharges; 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: and,
WHEREAS, the effectiveness of street sweeping to remove pollutants is
constrained by vehicles blocking the street sweeper from being able to sweep along the
curb, gutter and flow lines of the MS4; and,
WHEREAS, the City has adopted an Ordinance adding section 10.16.420 to the
Municipal Code establishing a street sweeping enforcement program as part of the
City's parking enforcement program; and,
WHEREAS, the City shall establish by resolution the fines and penalties for
violations for Section 10.16.420.
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 fine amount for a violation of Section 10.16.240 is hereby
established at $45.00 per violation, plus any additional fees established by the County,
State or Federal governments for the processing of vehicle parking citations issued by
or in behalf of the City;
Section 3: That the penalty for failure to pay said fine amount shall be set at
twice the amount of the original fine amount if the violation is not paid within 21
Calendar days; said penalty shall be due upon the 22nd calendar day after issuance of
the citation.
Section 4: That the fine and any penalties shall be in addition to any
processing, collection or lien fees charged to the City by third parties retained by the
City to process vehicle citations.
PASSED, APPROVED AND ADOPTED this 21st day of May, 2015, by the
following vote:
Ayes: Bartel, Ledesma, Ruiz
Nays: None
Absent: Kotyuk, Miller
Abstain: None
City of San Jacinto
Crystal iz, Mayor
ATTEST:
I
Richard Miller, City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
Jeffrey S. Ballinger, City Attorney
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN JACINTO)
I, Richard Miller, City Clerk of the City of San Jacinto, do hereby certify that the
foregoing Resolution 3562 is the actual resolution duly and regularly adopted by the City
Council at a special meeting on the 215t day of May, 2015, by the following vote to wit:
Ayes: Bartel, Ledesma, Ruiz
Nays: None
Absent: Kotyuk, Miller
Abstain: None
Richard Miller, City Clerk