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CITY OF SAN BERN()RDINO -
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Date:
2-27-92
REQUEST OR COUNCIL ACTION
File No. 4.50-2
Declaration of Drainage Facilities
Subject: to be Public Utility - Setting
Public Hearing on Proposed Monthly
Utility Drainage Fees, for
Operation & Maintenance
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From:
C
ROGER G. HARDGRAVE
Public Works/Engineering
Synopsis of Previous Council action:
02-17-92 -- Resolution 92-59, authorizing execution of a National
Pollutant Discharge Elimination System Storm Water
Permit Implementation Atreement, adopted; and staff
directed to present proposal to designate City's storm
drain system as a utility.
Recommended motion:
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1. That a public hearing be set at 10:00 a.m. for the regular scheduled
Council meeting of 4-6-92, for establishment of a monthly utility
drainage fee, relating to the operation and maintenance of such
facilities.
2. That further reading of the ordinance be waived and that said
ordinance be laid over for final adoption.
cc: Shauna Clark
Andy Green
Jim Penman
Bernie Kersey
Contact person:
Gene R. Klatt
Staff Report,
Ordinance
Phone:
5125
Suppo"ing data attached:
Ward:
All
FUNDING REQUIREMENTS:
Amount:
NIl\.
Source: (Acct. No.)
(Acct. Descriotionl
Finance:
01 Notes:
75-0262
Agenda Item NO~
CITY OF SAN BERNQ:lDINO - REQUEST lOR COUNCIL ACTION
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STAFF REPORT
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75.0264
In 1987, Congress amended Section 402 of the Federal Clean
Water Act [33 U.S.C.A. 1342(p)] to require permits for the
control of pollutants from storm water discharges to waters of
the United States.
Through delegation of authority, the State, acting through
the Regional Water Quality Control Boards, has set forth permit
requirements. The City of San Bernardino, along with the County
of San Bernardino and 15 other cities collectively applied for a
single permit. By doing this, a substantial cost savings has
been achieved.
However, the permit is presently at a fee of $50,000.00
per year and staff has projected that compliance with permit con-
ditions will add substantial additional costs for mapping,
reporting, inspection, monitoring and water quality testing. A
preliminary estimated budget has been made and it places total
fiscal responsibility to the City of San Bernardino at an
estimated level of $235,000.00 in 1992/93, for operation of
drainage facilities.
Several sub-committees, made up of the co-permittees, have
been investigating potential funding sources to meet this fiscal
need. One of the most reasonable methods is to establish a user
fee by establishing the storm drainage system as a utility.
Billing can then be made as a part of the regular utility billing
process, can be kept to a minimum and provide the required
revenue source. Staff has investigated and found that the City
of San Bernardino may indeed set the storm drainage system as a
utility.
The first action is to give first reading to the ordinance
which will enable the City to follow with a resolution
establishing a fee for ,operation and maintenance of drainage
facilities. Staff is preparing the cost analysis, recommenda-
tions for the fee amount and the resolution for the meeting of
April 6, 1992.
2-27-92
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
3.75 TO THE SAN BERNARDINO MUNICIPAL CODE ESTABLISHING DRAINAGE
FACILITIES AS PUBLIC UTILITIES AND AUTHORIZING THE ADOPTION OF
FEES FOR THE OPERATION AND MAINTENANCE OF SUCH FACILITIES.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1: Chapter 3.75 is hereby added to the San
Bernardino Municipal Code to read as follows:
"3.75.010 Drainage Facilities; Public Utilities
Pursuant to the authority of Public Utilities
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Code SlOOOl and the Charter of the City of San
Bernardino, all publicly owned drainage facilities in
the City of San Bernardino, are hereby declared to be
public utilities.
3.75.020 Utility Fees
The Mayor and Common Council may from time to
time by resolution adopt monthly utility drainage
service fees, relating to the operation and
maintenance of such drainage facilities."
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DAB/.../Dra1nage.ord
February 25. 1992
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
3.75 TO THE SAN BERNARDINO MUNICIPAL CODE ESTABLISHING DRAINAGE
FACILITIES AS PUBLIC UTILITIES AND AUTHORIZING THE ADOPTION OF
FEES FOR THE OPERATION AND MAINTENANCE OF SUCH FACILITIES.
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the
, 1992, by the following vote, to wit:
day of
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
The foregoing ordinance is hereby approved this
day
of
, 1992.
W. R. Holcomb, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
Br- 1 Pc...~
DAB/a.a/Drainage.ord
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February 25. 1992