1996 AGN OCT I17 - Laserfiche WebLink

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AGENDA REPORT CITY OF COLTON For City Council Meeting of October 15, 1996 October 9, 1996 TO: MAYOR FULP, CITY COUNCIL AND CITY MANAGER FROM: Julie Hayward Biggs, City Atto e SUBJECT: NPDES Assessment Fee/San Timo Creek Flood Control Project At the last City Council meeting a question arose regarding the legality of using funds generated by the NPDES assessments imposed pursuant to the provisions of Chapter 14.01 of the Colton Municipal Code. NPDES assessments are assessments imposed to meet the wastewater discharge requirements of the national discharge elimination system permits established under the provisions of California Water Code Section 13370 et sec Councilmembmer Hutton questioned whether NPDES assessments may be used to defray the cost of construction for the San Timoteo Creek flood control project being constructed by the County of San Bernardino. NPDES assessments are directly related to stormwater discharge issues as well as to general wastewater concerns. I spoke with Bob Whittaker at the Santa Ana Regional Water Control Board, the agency that oversees NPDES discharge permit issues on this matter. While he expressed concern that the City be certain to assure that the budget for expenditure of NPDES funds be sufficient to cover all specific permit requirements and that the use of these funds not reduce expenditures in that area, he had no objection to the use of NPDES funds for the proposed purpose. As I understand the situation, the Council is considering increasing the NPDES assessment in the future to spread the cost of the San Timoteo Creek flood control project over the entire City, rather than imposing the cost only on those residents who will directly benefit from this project as determined by the County in the existing benefit assessment district that has been established. There does not appear to be any restriction on the City's authority to do this. Section 14.02.050 of the Colton Municipal Code sets forth the purposes for which NPDES assessments may be used. That Section reads as follows: "Stormwater Management Charges, Collection, and Adjustments. A. Stormwater Management user fees. There is imposed on each and every parcel Item 17