HomeMy WebLinkAbout2003-10-21; City Council; Resolution 2003-2811
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Exhibit 3
RESOLUTION NO. 2003-281
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING THE NEW STORM WATER
POLLUTION PREVENTION PLAN REVIEW AND INSPECTION FEES
WHEREAS, the National Pollutant Discharge Elimination System (Order No.2001-01)
(NPDES Order) requires the City of Carlsbad (City) to protect its citywide storm water conveyance
system, and receiving waters within its jurisdiction from pollution generated from both public and
private developed property; and
WHEREAS, consistent with the NPDES Order and Chapter 15.12.180 (E) of the Carlsbad
Municipal Code, any person engaged in development grading or construction activity within the
City may be required to prepare a Storm Water Pollution Prevention Plan (SWPPP) to reduce the
risk of contamination of storm water and the discharge of non-storm water or pollutants to the
City’s storm water conveyance system; and
WHEREAS, consistent with the NPDES Order, City staff is required to review and approve
any such required SWPPP’s prior to initiation of construction activities and to physically inspect
the impacted construction site within the City to assure compliance with the SWPPPs; and
WHEREAS, City staff have carefully analyzed the actual direct costs to the City of
providing SWPPP review and inspection services to construction sites within the City. Staff‘s
snalysis is distilled in the City of Carlsbad Storm Water Pollution Protection Program Regulatory
Fee Study Report, dated September 12,2003, (Fee Study); and
WHEREAS, the City Council accepted the Fee Study at its regular meeting on October 7,
2003, [Agenda Bill 17,3411. The Fee Study is on file with the City Clerk and is incorporated herein
~y this reference; and
WHEREAS, staff recommends, as fully detailed in the Fee Study, that the City Council
mpose a Storm Water Pollution Prevention Plan review and inspection fee on persons engaged
n development grading or construction activity where such activity is found by City staff to require
a SWPPP; and
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WHEREAS, consistent with Government Code section 6601 6 and 6601 7, the City Council
may, after a noticed public hearing, adopt a resolution or ordinance imposing the proposed
SWPPP review and inspection fees; and
WHEREAS, consistent with Government Code section 66016, the City Council noticed a
public hearing at which oral and written presentations may be made by any interested party for
6:OO p.m. October 21, 2003 in the City Council chambers of City Hall at 1200 Carlsbad Village
Drive.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1.
2.
That the above recitations are true and correct.
That consistent with Government Code section 6601 6, at least ten days prior to the
noticed public meeting, the City Clerk made "available to the public all data indicating the amount
of cost, or estimated cost, required to provide the service for which the fee or service charge is
levied and the revenue sources anticipated to provide the service, including General Fund
revenues .'I
3. That the City Council has heard and considered all oral and written presentations
offered by the public on the proposed SWPPP review and inspection fees.
4.
5. That the City Council finds that the Fee Study establishes a reasonable
relationship between the City's SW PPP review and inspection services and the benefit derived
therefrom by persons engaged in development grading or construction activities within the City.
That the City Council has read and considered the Fee Study.
6. That the City Council finds that the Fee Study's recommended SWPPP review and
inspection fees do not exceed the City's current actual direct costs to provide these review and
inspection services.
7. That the City Council finds that the SWPPP review and inspection fees do not
exceed the proportional cost of the service attributable to the benefited persons engaged in
development grading or construction activity.
Page 2 of 3 of Resolution No. 2003-281
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8. That the City Council finds that the revenue generated from SWPPP review and
inspection fees shall only be used for the purposes detailed in the Fee Study, and shall not be
used for any other purpose.
9. That the City Council hereby adopts the SWPPP review and inspection fees as
shown at Exhibit 1.
10. That the City Council finds that SWPPP review and inspection fees are exempt
from California Constitution Article XIIID's election provision because SW PPP fees fall within the
definition of a fee imposed upon a development project, consistent with Government Code section
66017, or alternatively, because the SWPPP fees are regulatory fees imposed under the City's
police power, rather than the taxing power. (See Sinclair Paint Companv v. State Board of
Equalization 15 Cal.4th 866, (1 997)). This finding is fully explored in the Fee Study.
11. That $91,000 in budgeted appropriations in the Storm Water Pollution Prevention
fund be transferred to the General fund to cover the processing costs of the Storm Water Pollution
Prevention Plans.
12.
date of adoption.
This resolution shall become effective on December 21, 2003, 60 days after the
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 21st day of October , 2003 by the following vote, to wit:
Council Members Lewis, Finnila, Kulchin, and Hall AYES:
NOES: Council Member Packard
ATTEST:
1
M. WOOD, City Clerk
Page 3 of 3 of Resolution No. 2003-281
(SEAL)