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HomeMy WebLinkAboutResolution - 3616 STATE OF CALIFORNIA ) RESOLUTION NO. 3616 COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, ESTABLISHING A TWO FISCAL YEAR ANNUAL RATE 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. 94411, 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, 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 City by Resolution No.3564, adopted on April 7, 2015 raised the annual assessment from $4.26 to $10.00 per Benefit Assessment Unit for funding CSA-152; and, WHEREAS, the current assessment is projected to provide approximately $177,730.00 in Fiscal Year 2016-17 from the approximately 17,773 assessment units related to parcels upon which the assessment is levied; 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 establish the CSA-152 assessments within the City of San Jacinto at an annual rate $10.00 per Benefit Assessment Unit for Fiscal Year 2016-17 and Fiscal Year 2017-18 with an effective date of July 1, 2016. PASSED APPROVED AND ADOPTED at a regular meeting of the City Council of the City of San Jacinto on the 5ch day of April, 2016 by the following vote. Ayes: Bartel, Ledezma, Miller, Ruiz, Kotyuk Nays: None Absent: None Abstain: None City of San Jacinto Andrew F. Kotyuk, Mayor A EST: Peg n Interim City Clerk APPROVED AS TO FORM: Best, B st/& Kr'eger LLP J Jeffrey S. Ballinger, City Attorney CERTIFICATION I, Peggy Johns, Interim City Clerk of the City of San Jacinto, do hereby certify that the foregoing Resolution No. 3616 is the actual resolution duly and regularly adopted by the City Council at a regular meeting on the 5th day of April, 2016, by the following vote to wit: Ayes: Bartel, Ledezma, Miller, Ruiz, Kotyuk Nays: None Absent: None Abstain: None Peg ns nterim City Clerk