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F. I These fees, charges and sumharges would be set from time to time by resolution of the City Council and could be new fees or charges or additional surcharges on existing fees and charges, so long as they bear a reasonable relationship to the burden placed on the City's system and/or the benefit received by the individual responsible for the fee, charge or surcharge. The moneys collected by such fees and charges would be placed into a fund that would be used only to comply with the costs associated with compliance with the RWQCB permit. No moneys from this fund would go to the city's general fund. This ordinance has been found to be, and the Council concurs is, exempt from the California Environmental Quality Act ("CEQA") pursuant to Public Resources Code § 15273(a)(1) (exempting charges imposed by public agencies to meet operating expenses) and State CEQA Guidelines § 15301 (exempting the repair, maintenance or minor alteration of existing public facilities). Section 2: Sections 18-165.1 to 18-165.4 are hereby added to the Santa Ana Municipal Code to read as follows: Sec. 18-165.1. Federal Clean Water Protection Enterprise - Purpose. In order to reimburse the City, in part, for its service in transporting storm drain from a City utility customer or other person using the city-owned storm drain system and facilities to the receiving waters of the United States, and to operate, maintain, repair and replace said city-owned storm system and facilities, and to comply with the National Pollution Discharge Elimination System (NPDES) permit issued to the City by the California Regional Water Quality Control Board, it is appropriate for the City to create a Federal Clean Water Protection Enterprise. These fees, charges and surcharges do not duplicate any existing fee, charge, levy or other toll currently collected by any public agency, and are intended to be, and shall be interpreted as, distinct and separate from any current or future (a) permit fee charged pursuant to this Article; (b) special benefit assessment or special tax imposed pursuant to state or local law; or (c) any mitigation fee imposed on new development pursuant to state law (Government Code § 66000 et seq.) or local law. Where appropriate, words and phrases used in sections 18-165.1 to 18.165.4 shall have the same meaning as given them under this Article. Sec. 18-165.2. Federal Clean Water Protection Enterprise Fee - Establishment. a. Upon each utility customer of the City there shall be imposed, fees and charges to reimburse the City for the reasonable costs of complying with the Ordinance No. NS-2519 Page 2 of 5