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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