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HomeMy WebLinkAboutReso 57-2009RESOLUTION NO. 57-2009 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO RECOMMENDING THAT THE SAN MATED COUNTY FLOOD CONTROL DISTRICT IMPOSE BASIC AND ADDITIONAL CHARGES FOR FUNDING THE EXPANDED SCOPE OF WORK FOR THE 2009/10 COUNTYWIDE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) GENERAL PROGRAM WHEREAS, The Environmental Protection Agency, under amendments to the 1987 Federal Clean Water Act, imposed regulations that mandate local governments to control and reduce the amount of stormwater pollutant runoff into receiving waters; and WHEREAS, under the authority of California Porter-Cologne Water Quality Act, the State Water Resources Control Board had delegated authority to its regional boards to invoke permitting requirements upon counties and cities; and WHEREAS, in July 1991, the San Francisco Bay Regional Water Quality Control Board notified San Mateo County of the requirement to submit an NPDES Permit Application by November 30, 1992; and WHEREAS, in furtherance of the NPDES Permit Process, San Mateo County in conjunction with all incorporated cities in San Mateo County has prepared a Storm water Management Plan, which has a General Program as a fundamental component of the Management Plan; and WHEREAS, the San Mateo Countywide Stormwater Management Plan has been submitted to the San Francisco Bay Regional Water Quality Control Board and the Management Plan has been approved by the Board and made part of the NPDES Waste Discharge Permit CA 0029921, issued September 13, 1993, and remained in effect through June 30, 1998; and WHEREAS, the San Mateo Countywide Stormwater Management Plan and NPDES Waste Discharge Permit CA 0029921 required that San Mateo County submit a renewal application by March 31, 1998, which shall include a Stormwater Management Plan for 1998 through 2003; and WHEREAS, the City accepted, adopted and committed to implement the San Mateo Countywide Stormwater Management Plan for 1998-2003 and the renewal application and Plan was submitted to the San Francisco Regional Water Quality Control Board on March 18, 1998; and WHEREAS, the San Francisco Bay Regional Water Quality Control Board, after Public Hearing, approved the renewed NPDES Permit CAS0029921, effective July 21,1999, which expired July 20, 2004; and -1- WHEREAS, the San Francisco Bay Regional Water Quality Control Board opened the NPDES Permit CAS0029921 for the San Mateo Countywide Stormwater Pollution Prevention Program to amend the permit to add new and redevelopment language (Amendment of Order 99- 059), and adopted the Amendment on February 18, 2003; and WHEREAS, with the complete and timely application by the San Mateo Countywide Stormwater Pollution Prevention Program for Permit renewal submitted on January 32, 2004, the San Francisco Bay Regional Water Quality Control Board will administratively extend the expiration of said Permit until such time as a public hearing is held and the application is considered; and WHEREAS, the San Mateo County Flood Control District Act, as amended by the State Legislature in 1992 (Assembly Bill 2635), authorized the San Mateo County Flood Control District to impose charges to fund storm drainage programs such as the NPDES Countywide General Program; and WHEREAS, the Basic Annual Charges and Additional Annual Charges for fiscal year 2009-2010, when adopted, would be necessary to fund a $1,410,323 budget for fiscal year 2009/10 are as follows: Basic Annual Charges; Single Family Residence: $3.44/APN Miscellaneous, Agriculture, Vacant and Condominium: $1.72/APN All Other Land Uses: $3.44/PN for the first 11,000 square feet plus $0.32 per 1,000 square feet additional square feet of parcel area Additional Annual Charge (adjusted annually by C.P.L); Single Family Resident: $2.88 /APN Miscellaneous, Agriculture, Vacant and Condominium: $1.44/APN All Other Land Uses: $2.88/APN for the first 11,000 square feet plus $0.26 per 1.,000 additional square feet of parcel area WHEREAS, the charges are in the nature of a sewer service charge in that they are intended to fund a federally mandated program the purpose of which is to create waste treatment management planning processes to reduce the amount of pollutants in discharges from property into municipal storm water systems which in turn, discharge into the waters of the United States; and WHEREAS, the City has held a hearing on the proposal to fund the Countywide NPDES General Program through the San Mateo County Flood Control District. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of South San Francisco: 1. Approves the amended Scope of Work imposed on the NPDES General Program and respectfully requests the San Mateo County Board of Supervisors, acting as the governing board of the San Mateo County Flood Control District, to impose -2- those basic and additional charges necessary to fund the Countywide NPDES General Program. 2. Requests the basic and additional charges be collected through the San Mateo County Flood Control District. 3. Requests that the additional charges imposed will be adjusted annually based on the Consumer Price Index (CPI) and requests that the C/CAG notify the City of said adjustments annually prior to May 31 of each year. 4. Requests that all properties within the territorial limits of said City be charges the basic and additional annual charges in accordance with said charges stated above. 5. Directs the City Clerk to forward copies of this Resolution to the Clerk of the San Mateo County Board of Supervisors, the San Mateo County Flood Control District, the San Mateo County Public Works Direction, and to the NPDES Coordinator of C/CAG. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 24th day of June, 2009 by the following vote: AYES: Councilmembers Pedro Gonzalez, Richard A. Garbarino, and Kevin Mullin, NOES Mayor Karyl Matsumoto None ABSTAIN: None ABSENT: Vice Mayor Mark Addiego ATTEST: ~J~.~4~~. Deputy City Clerk -3-