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HomeMy WebLinkAboutResolution - 3789STATE OF CALIFORNIA) COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) RESOLUTION NO. 3789 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, ESTABLISHING A TWO FISCAL YEAR ANNUAL RATE FOR COUNTY SERVICE AREA 162-SAN JACINTO TO PARTIALLY 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 (City) 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 Municipal 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 drainage 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, L 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 next NPDES Permit is anticipated to increase the regulatory compliance requirements imposed on the City during the next permit term; 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 $215,945.44 in Fiscal Year 2019-20 from the approximately 12,762 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 a proactive implementation of 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 partial funding for the City's obligations under the NPDES program. Section 3: That the City Council requests the Riverside County Board of Supervisors to maintain the CSA-152 assessments within the City at an annual rate of $10.00 per Benefit Assessment Unit for Fiscal Year 2020-21 and Fiscal Year 2021-22, with an effective date of July 1, 2020. PASSED APPROVED AND ADOPTED at a regular meeting of the City Council of the City of San Jacinto on the 18th day of February 2020. AYES: Ledezma, Lopez, Ruiz, Utz NAYS: None ABSENT: Kotyuk ABSTAIN: None y CITY OF SAN JACINTO: Andrew Kotyuk, Mayor ATTEST: Fj W-SWEAN1W►49 I s� J APPROVED AS TO FORM: BEST BEST & KRIEGER LLP - //j /, 1, Mic el J. Maurer, City Attorney Fj L CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVF-RSIDE )ss CITY OF SAN JACINTO ) I, Angela Walton, duly appointed City Clerk of the City of San Jacinto, do hereby certify that the foregoing Resolution No. 3789 was passed, approved, and adopted at a regular meeting of the City Council of the City of San Jacinto on the 18th day of February 2020. AYES: Ledezma, Lopez, Ruiz, Utz NAYS: None ABSENT: Kotyuk ABSTAIN: None WITNESS MY HAND AND OFFICIAL SEAL the 181h day of February 2020. *Aalton, City Clerk Jacinto