The URL can be used to link to this page

Home My WebLink AboutNS-2519 - Establishing a Federal Clean Water Protection Enterprise Fund and Federal Clean Water Protection Enterprise ProgramORDINANCE NO. NS-2519 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING ARTICLE XVIII TO CHAPTER 13 AND SECTIONS 18-162.1 TO 18-165.4 TO THE CITY'S CODE, ESTABLISHING A FEDERAL CLEAN WATER PROTECTION ENTERPRISE FUND AND FEDERAL CLEAN WATER PROTECTION ENTERPRISE PROGRAM THE CITY COUNCIL OF THE CITY OF SANTA ANA ORDAINS AS FOLLOWS: Section 1: The City Council of the City of Santa Aha hereby finds, determines and declares as follows: A= The City has for generations provided to its citizens a system to transport storm drain water generated by residents and businesses to the receiving waters of the United States, where it is disposed. During the budget presentation for the 2002-2003 budget, the City Council was presented, at a study session, with evidence regarding the new California Regional Water Quality Control Board ("RWQCB") Permit issued to the City pursuant to the National Pollution Discharge Elimination System (NPDES) and effective January 1, 2002, which adds major obligations to the City to pay its fair share of costs of the permit, to increase its inspection and enforcement, and to maintain, repair and replace the City's storm drain system. C= The City currently does not levy a fee or charge for the service of transporting storm drain water. It is appropriate that the generators of this service pay the reasonable cost of the City's service. The City's Charter and State law, provide that the City may establish reasonable charges and fees for the service the City provides in transporting storm drain water to the receiving waters of the United States. A fee for this service would not duplicate any existing fee, charge, levy or other toll currently collected by the City or any public agency, and would be distinct and separate from any current or future (i) permit fee charged pursuant to the City's existing NPDES rules and regulations; (ii) special benefit assessment or special tax imposed pursuant to state or local law; or (iii) any mitigation fee imposed on new development pursuant to state law (Government Code § 66000 et seq.) or local law. Ordinance No. NS-2519 Page 1 of 5 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 City's NPDES permit. All fees and charges imposed pursuant to this subsection shall be due and payable at the time and in the manner provided in this Code for payment of water utility bills pursuant to Article II of Chapter 33 of this Code. b. Upon each person seeking a building or grading permit from the City there shall be imposed fees and charges to reimburse the reasonable costs of complying with the City's NPDES permit. Sec. 18-165.3. Federal Clean Water Protection Enterprise - Setting Reasonable Fees, Charges and Surcharges. The City Council shall, from time to time, set reasonable Federal Clean Water Protection Enterprise fees, charges and surcharges by resolution. Said resolution may include exceptions for small development projects which do not impact the City's storm drain system. All monies collected from such fees, charges and surcharges, including penalties and interest for late payment, if any, shall be deposited into the Federal Clean Water Protection Enterprise Fund established pursuant to Chapter 13 of this Code. Section 18-165.4. Variance From Payment Of Federal Clean Water Protection Fees, Charges and Surcharges. Any person subject to a fee, charge or sumharge levied to fund the Federal Clean Water Protection Enterprise may request that the Director of Public Works Agency or designee waive the requirement of payment of the fee, charge or surcharge due to individual circumstances that demonstrate, on a case-by-case basis, that the amount of the fee, charge or surcharge is not reasonably related the cost of the service the City provides under the Federal CLean Water Protection Enterprise. The decision of the Director or designee may be appealed pursuant to Chapter 3 of this Code. Section 3: Article XVlll is hereby added to Chapter 13 of the Code to read as follows: ARTICLE XVlII. FEDERAL CLEAN WATER PROTECTION ENTERPRISE Sec. '13-165. Creation of Federal Clean Water Protection Enterprise Fund. There is hereby created and established the Federal Clean Water Protection Enterprise Fund. Sec. 13-166. Deposit of Moneys. All moneys received by the City as a fee, charge or surcharge for the Federal Clean Water Protection Enterprise established pursuant to section 18- Ordinance No. NS-2519 Page 3 of 5 165.1 et seq. of the Code, shall be deposited into the Federal Clean Water Protection Enterprise Fund. Sec. 13-167. Expenditure of Moneys. Moneys in the Federal Clean Water Protection Enterprise Fund shall be expended only for: (a) repair, replacement and preventative maintenance of city owned storm drain facilities; (b) planning, study, administrative, overhead, record-keeping, and mapping costs relating to subsections (a); (c) costs of inspection of city owned storm drain facilities; and (d) repayment of and costs associated with issuance of bonds, certificates of participation or other financing tools, whose proceeds shall be used exclusively for those activities set forth in subsections (a) through (c). Sec. 13-168. Interest and other income. Interest received by the City of Santa Ana from the investment of money in the Federal Clean Water Protection Enterprise Fund, and all other income derived from the use of such moneys, shall be deposited in the Federal Clean Water Protection Enterprise Fund. Section 4: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this 2nd dayof December , 2002. Ordinance No. NS-2519 Page 4 of 5 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Beniam~5 Kauf~an Chief A§sistan~ City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers: Councilmembers: Councilmembers Councilmembers Alvarez, Bist, Christy, Franklin, Pulido, Solorio (6) None (0) Garcia (1) None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-2519 to be the original ordinance adopted by the City Council of the City of Santa Ana on December 2, 2002, and that said ordinance was published in accordance with the Charter of th.~,_City~f Santa Ana./'/ Date: / ,~/~Z,//~:~'~ Clerk of the Council City of Santa Ana Ordinance No. NS-2519 Page 5 of 5