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HomeMy WebLinkAboutCC Reso No 1995-73RESOLUTIONNO._ 95-73 A AESOLUTION OF THE CTTY COUNQL OF THE CTTY OF LAKE ELSINORE OF FORMATION OF CITY OF LAKE ELSINORE COMMUNTI'Y FACILITIES DISTRICT NO. 95-1 (LAKE ELSINORE CITY CENTER PUBLIC IMPAOVENIENTS, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE DISTItICd AND PRELIMINARILY ES7CABLISI-dING AN APPROPRIATIONS I.I1VdTT POlS'd'HE DISTRICT City of Lake Elsinore Community Facilities District No. 95-1 (Lake Elsinore City Center Public Improvements) WHEREAS, on October 10, 1995, this City Council adopted a resolution entitled "A Resolution of Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes Pursuant to the Mello-Roos Community Facilities Act of 1982" (the "Resolution of Intention"), stating its intention to form the City of Lake Elsinore Community Facilities District No. 95-1 (Lake Elsinore City Center Public Improvements) (the "District") pursuant to Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the "Act"); and WHEREAS, the Resolution of Intention, incorporating a map of the proposed boundaries of the District and stating the facilities to be provided, the estimated maximum cost of providing such facilities, and the rate and method of apportionment of the special tax to be levied withir, the District to pay the principal and interest on bonds proposed to be issued with respect to the District, is on fIle with the City Clerk and the provisions thereof are incorporated herein by this reference as if fully set forth herein; and WHEREAS, on this date, this City CouncIl held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed formation of the District; and WHEREAS, at said hearing all interested persons desiring to be heard on all matters pertaining to the formation of the District the facilities to be provided therein and the levy oE said special tax were heard and a full and fair hearing was held; and WHEREAS, at said hearing evidence was presented to this City Council on said matters before it, including a report by the Public Services Director (the "Report") as to the facilities to be provided through the District and the costs thereof, a copy of which is on file with the City Clerk, and this City Council at the conclusion of said hearing is fully advised in the premises; and WHEREAS, written protests with respect to the formation of the District, the furnishing of specified types of facilities and the rate and method of apportionment of the special taxes have not been filed with the City Clerk by fifty percent (50%) or more of the registered voters residing within the territory of the District or property owners of one-half (1 /2) or more of the area of land within the District and not exempt from the special tax; and WHEREAS, the special tax proposed to be levied in the District to pay For the proposed facilities to be provided therein, as set forth in Exhibit A hereto, has not been eliminated by protest by fifty percent (50%) or more of the registered voters residing within the territory of the District or the owners of one-half (1/2) or more of the area of land within the District and not exempt from the special tax. NOW, THEREFORE, BE IT RESOLVED as follows: 1. The foregoing recitals are true and correct. 2. The proposed special tax to be levied within the District has not been precluded by majority protest pursuant to Section 53324 of the Act. 3. All prior proceedings taken by this City Council in connection with the establishment of the District and the levy of the special tax have been duly considered and are hereby found and determined to be valid and in conformity with the requirements of the Act On October 10, 1995, this City Council adopted a resolution adopting Local Goals and Policies for Community Facilities Districts - Commercial Property, and this City Council hereby finds and determines that the District is in conformity with said goals and policies, or, to the extent inconsistent, that the development to occur within the District was dependent, in part, upon the facilities to be financed by the District, and that such development will enhance the revenues flowing to the general fund of the City such that a waiver from said goals and policies is reasonable and is hereby granted. 4. The community facilities district designated "City of Lake Elsinore Community Facilities District No. 95-1 (Lake Elsinore City Center Public Improvements)" is hereby established pursuant to the Act. 5. The boundaries of the District, as set forth in the map of the District heretofore recorded in the Riverside County Recorder's Office in Book 40 at page 64 of Maps of Assessment and Community Facilities Districts, are hereby approved, are incorporated herein by reference and shall be the boundaries of the District. 6. The type of public facilities proposed to be financed by the District and pursuant to the Act shall consist of those items listed as facilities on Exhibit A to the Resolution of Intention and by this reference incorporated herein (the "Facilities"). 7. Except to the extent that funds are otherwise available to the District to pay for the Facilities and/or the principal and interest as it becomes due on bonds of the District issued to finance the Facilities, a special tax sufficient to pay the costs thereof, secured by a continuing lien against all non-exempt real property in the District, will be levied annually within the District, and collected in the same manner as ordinary ad valorem property taxes or in such other manner as this City Council or its designee shall detertnine, including direct billing of the affected property owners. The proposed rate and method of apportionment of the special tax among the parcels of real property within the District, in sufficient detail ko allow each landownex within the proposed District to estunate theprobable maximum amount such owner will have to pay, are described in Exhibik A attached hereto and by this refexence incorporated herein. 8. It is hereby found and determined that the Facilities are necessary to meek inc~reased demands placed upon local agencies as the result of development or rehabilitation occurring in the District. 9. The Administrative Services Director of the City of Lake Elsinore, 130 South Main Street, Lake Elsinore, California 92530, telephone number (909) 674-3124 is the officer of the City which will be responsible for preparing annually a current roll of special tax levy obligations by assessor's parcel number and which will be responsible for estnnating future special tax levies pursuant to Section 53340.2 of the Act. 10. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of khe California Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all nonexempt real property in the District and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the tax by the City ceases. 11. In accordance with Section 53325.7 of the Act, the annual appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, of the District is hereby prel'uninarily established at $1,000,000 and said appropriations limit shall be submitted to the voters of the District as hereafter provided. The proposition establishing said annual appropriations limit shall become effective if approved by the qualified electors voting thereon and shall be adjusted in accordance with the applicable provisions of Section 53325.7 of the Ack 12. Pursuant to the provisions of the Act, the proposition of the levy of the special tax and the proposition of the establishment of the appropriations limit specified above shall be submitted to the qualified electors of the District at an election the time, place and conditions of which election shall be as specified by a separate resolution of this City Council. 13. This Resolution shall take effect upon its adoption. ...... PASSED AND ADOPTED this 14th day of November, 1995, by the following vote: AYES: COUNCILMEMBERS: BRINLEY, PAPE, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: E~.ONGI, BENDER Nashburn, Mayor of I.ake Elsinore (S E A L) Atte t By: t~ ~ Vicki . asad, City Clerk Citv of Lake Elsinore 22054-11/J1979 APPROVED AS TO LEGAL FORMr ~~ JOHN R. HAR ER, IT ATTORNEY 3 EXH~BIT ~1 RATE A1~ID 11'YETHOD OF APPORTIONMENT OF SPECTAL TAXES CTTY OF LAKE ELSINORE Community Fscilities District No. 95-1 (Lake Eleinore City Center Public improvements) A special tax shall be tevied on each Parcet of [and within the City of Lake Elsinore Community ~acilities District No. 95-i (L.ake Elsinore City Center Public Improvements) (the "District"), and collected accordin~ to the Speciat Tax L.iability determined by the Ttesponsible Party of the City of Lake Elsinore (the "City") through the application of the following procedwes. All of the properiy within the District, unless otherwise exempted by law or the expre5s provisions of the rate and method of apportionment expressed below, shall be taxed to the extent and in the manner provided below. It is intended that all special taxes applicable to Parcels be cotlected in the same manne~ and at the same time as ordinary ad valorem property taxes, and that special taxes so levied will be subject to the same penalties and procedures, sale and lien prioriiy in case of delinquency, as is provided for ad valorem taxes, subject to any covenant for judicial foreclosure with respect thereto in any Fiscal Asent Agreement for any Bonds of the City for the District. Notwithstanding the foregoing, the City may collect the special taxes at such other times or in such other manner as necessary or convenient to satisfy the obligations of the District. MAXIMUM SPECIAT. TAX The maximum special tax that may be levied in the Fiscal Year endin~ June 30, 1996 on any Pazcel shall not exceed the sum of: (i) The maximum building special tax rate of $1.75 per building square foot, multiplied tunes the sum of the Building Floor Area for all buildings on the Parcel; plus ' (ii) The maximum land special tax rate of $~.90 per land square foot, multiplied times the Land Area of the ParceL 7'he special tax shall be levied annually. The maximum building special tax and the maximum land special tax shall increase each Fiscal Year from the maximum special tax for the Fiscal Year ending June 30, 199G by 2%, compounded annually. A Parcel shall be subject to the maximum special tax for not more t~~an 40 yeazs. ln no event shall the maximum special tax on any Pazcel used for private residential purposes exceed any limitaYion imposed under Section 53321 of tEie California Govemment Code. ~~I ASSIC•NMENf TO CAT~GORIES; LEVY pNNUAI. TAX CATEGORIES On or about 7uly 1 of each year, but in any event in sufficient time to iactude the levy of the special taxes on the County's secured tax roll, the Responsible Pariy shall determine for each Parcel within the Dislrict, whether or not such Parcel is Taxable Property. Parcels subject to fevy shall be determined based upon the records of the County Assessor as of the March 1 preceding such July 1. I,EVY The Responsible Parry shall then determine the estimated a~regate Special Tax Liability for the Fiscal Year commencing such Jaly 1, and levy on each Parcel which is Taxable Properly, as follows: Step l: Determine the total Building Floor Area, for each respective Parcel which is Taxable Property and for all Parcels which are then Taxable ~roperty in the District. Step 2: Calculate the annual building tax rate at 85% of the Special Tax Liability, divided by the total Building Floor Area for all Parcels which are then Taxable Properly. Step 3: Muluply the total Building Floor Area for each respective Parcel which is Taxable Property by the lesser of (i) the annual building tax rate; OY (ii) the maximum building special ta~c rate for the Fiscal Xear commencing such Ju1y L Step 4: Determine the total Land Area, by Parcel and for all Pazcels which are then Taxable Property in the District. Step 5: Calculate the annual land tax rate as the lesser o£: (i) the Special Tax Liability, less the total of the funds $enerated for all Parcels which are then Taxabte Praperty under Step 3 above, divided by the total Land Area (by square faotase) for all Parcels which are then Taxable Property ; or (ii) the maximum land special tax for the Fiscal 'Year commencing such July 1. /~-2 ' a Step 6: Multiply the Land Area for each Parcel which is Taxable Property by the annual land tax rate determined under Step 5. Step 7: Calculate the sum of the building tax (from Step 3) and the land tax (from Step 6) for each Pazcel which is Taxable Property. PREY"AYNxENTS Prepayments may be made for property subject to the levy of the specia! taxes. A particular Pazcel may prepay the special tax, provided that all suthorized Bonds that aze to be issued, have been issued. Any property owner in the District that desires to prepay the annual special taxes on a particular Parcel shall notify the Responsible Party in writing of such intention not less than 150 days prior to an interest payment and the prepayment must be made not less than 90 days prior to such interest payment. The fotlowing must be applied for a prepayment of a particulaz Parcel: a. The prepayment amount for a particular Parcel shaq be calculated by the Responsible Party, as follows: 1. Compute the special tax for such Pazcel by the total special tax for the then current Fiscal Yeaz. 2. 'I'he prepayment amount is computed by dividins the special tax for the Parcel by the total special tax for all Parcels for the then current Fiscal l'ear within the District, and multiplying the results by the principle amount of any outstanding Bonds. The resuh shall be rounded up to the nearest five thousand dollars ($5,000); provided however , that if the City is provided with prepayments of special tax for more than one Parcel at the same time, then the tota] prepayments shall be aggregated and the aggregated prepayment amount shall be rounded up to the nearest five thousand dollazs ($5,000). 3. The prepayment amount caleulated in "2" above for a particular Parcel will be (a) increased for: applicable redemption premium, if any, on the Bonds; an amount detercnined by the Responsible Party to offset any difference between the amount needed to pay debt service on the Bonds and the amount derived from the reinvestment of the prepaid special tax pending the redemption of such Bonds; an amount determined by the Responsible Party to pay for the applicable Administrative Expenses to provide such prepa}ment; and (b) decreased for an~ reduction in Bond reserves due to the prepayment. 4. Determination of the total amount needed by the Responsible Party shall be conclusive, absent manifest error. /k -3 b. The Parcel with respect to which prepayment is made must not be delinquent in any payment of special taxes previously levied within the District. Prepayment shall not relieve any property owner from paying those special taxes which have already become due and payable, and ~ Notice of Cessation of Special Tax Lien shall not ba recorded asainst any Parcel pursuant to Califomia Govemment Code Section 53344, until all special taxes with respect to that Parcel have been paid. AEFIrTITTONS Administrative E:penses means any or all of the followin~: the fees and expenses of the Fiscal Agent (including any fees or expenses of its co~nsel), the expenses of the City in carrying out its duties with respect to the District (including, but not limited to, the levy and collection of the special taxes) including the fees and expenses of its counsel, any fees of the County related to the District or the coliection of special taxes, an allocable shaze of the salazies of the City staff directly related thereto end a proportionate amount of City general administrative overhead related ihereto, any amounts paid by the City, respectivety, from its own funds with respect to the District or the Bonds, and all other costs and expenses of the City or the Fiscal Agent incurred in connection with the discharge of their respeetive duties under the Fiscal Agent Agreement and, in the case of the City, in any way rclated to adminisVation of the District. Bonds means any bonds of the City issued for the District under Mello-Roos Community Facilities Act of 1982, as amended, authorized tv be issued under the Resolution of .rs54U NG~. ~uilding Floor Area means the azea included within the surrounding exteriar walls of a building, including each floor of multiple story buildings, exclusive of vent shafls and courts (defined here as open and unobstructed to the sky). The Building Floor Area will be determined by the Responsible Party by reference to City or County approved building plans or other such documentation as the Responsible Party shall determine. City means the City of T.ake Elsinore. County means the County of Riverside. Debt Service, for each Fiscal Year, is the total annual principal and interest payable on the Bonds during the calendar year which commences in such Fiscal Year, less any capitalized interest and any other amounts remaining in the bond fund held under the ~ iscal Agent Agreement as of the end of the previous Fiscal Year auailable to make such payments. District means the City of Lake Elsinore Community Facilities District No. 95-1 (Lake Elsinore City Center Public Tmprovements). ~ "~ Fiscel Agent means the Fiscal Agent designated under the Fiscal Agent Agreement. Fiscal Agent Agreement means the agreement by that name approved by the Resolution of Issuance, and as it may be amended and/or supplemented from time to time. Fiscal Year means the periad starting on luly•1 and ending the following June 30. Land Area means the measure of land area of a Parcel, in square feet of land, rounded up to the nearest whole integer. Parcel means any County Assesso~s parcet or portion thereof th2~t is within the boundaries of the District based on the equalized tax rolls of the County. ~tesolution of Issuance is any Resolution adopted by the City suthorizing the issuance of Bonds. Respansible Party is any person or persons who ihe City may appoint from time to time to compute the levy of the special taxes within the District Special Tax Liabi(ity for any Fiscal Year is an amount sufficient to pay Debt Service for such ~iscal Xear, Administrative Expenses for such Fiscal Year, an amount determined by the Responsible Party to offset past and projected tax delinquencies to occur in such Fiscal Year and to otherwise replenish any reserve fund established for the Bonds, and all payments required to be made in the applicable Fiscal Year under the Fiscal A~ent Agreement for the Bonds and any supplements thereto. Tazable Property is all real property within the boundaries of the District which is not exempt from the special tax pursuant to law, except that the foltowing property shall not be taxed: ary acres of land owned, conveyed or inevocably offered for dedication to and accepted by a public agency, or land which is a public right of way or which is an unmanned utility easement making impractical its utitization for other than the purpose set forch in the easement. ~{~~ STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a regular meeting of said Council on the 14th day of November, 1995, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BRINLEY, PAPE, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ALONGI, BENDER ABSTAIN: COUNCILMEMBERS: NONE . _ ~~ KI ICASAD, CITY CLERK CITY OF LAKE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 95-~Z3 of said Council, and that the same has not been amended or repealed. DATFfI?: November 22, 1995 ~ I I ~ ~IL7~3' KA~F~D, CITY `CLERK CITY OF LAKE ELSINORE (SEAL) RESOLIITION NO. 95 - 73B A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM UNDER SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE FOR THE GUNNERSON POND WETLANDS ACQUISITION WHEREAS, the Legislature of the State of California has enacted AB 471 (Chapter 106 of the Statutes of 1989) , which is intended to provide $l0 million annually for a period of 10 years for grant funds to local, state and federal agencies and nonprofit entities for projects to enhance and mitigate the environmental impacts of modified or new public transportation facilities; and WHEREAS, the Resources Agency has established the procedures and criteria for reviewing grant proposals and is required to submit to the California Transportation Commission a list of recommended projects from which the grant recipients will be selected; and wHEREAS, said procedures and criteria established by the ~ Resources Agency require a resolution certifying the approval of application by the applicant's governing body before submission of said application to the State; and WHEREAS, the application contains assurances that the applicant must comply with; and WHEREAS, the applicant, if selected, will enter into an agreement with the State of California to carry out the environmental enhancement and mitigation project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elsinore that the City Council hereby: 1. Approves the filing of an application for the Environmental Enhancement and Mitigation Program for grant assistance. 2o Certifies that said applicant will make adequate provisions for operation and maintenance of the project. 3. Appoints Frank C. Tecca, Public Services Director, as agent of the City of Lake Elsinore to conduct all negotiations, execute and submit all documents including, 1 Resolution No. 95~ 73 but not limited, to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. PASSEDs APPROVED~ AND ADOPTED thiS 28th d3y Of November ~ 1995, by the followinq votee AYES9 NOES: ABSENT: ABSTENTIONS: COUNCiLMEMBERB: COIINCILMEMBERS9 COUNCILMEMBERS: COUNCILMEMBERSo ALONGI, BRINLEY, PAPE, WASHBURN NONE BENDER NONE CITY ATTESTi VICKI LYNNE SA~~ CITY CLERK CITY OF LAI ELiINORE APPROVED AS TO FORM AND LEGALITY: YY/l ~ ~ JOHN R. HARPER, I Y ATTORNEY ~ ~~ HSURN~ MAYOR LAKE ELSINORE 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a regular meeting of said Council on the 28th day of November, 1995, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: ALONGI, BRINLEY~ PAPE, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BENDER ABSTAIN: COUNCILMEMBERS: NONE VICKI KASA(~ITY CLERK CITY OF LAKE ELSINORE (SEAL) STATE OF Ce'3LIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 95-73 of said Council, and that the same has not been amended or repealed. DATED: November 30, 1995 ~ ' ~ ~ VICKI KASAD, CITY CLERK CITY OF LAKE EL^aINORE (SEAL) R&SOLIITION NO. 95- 73C A RESOLIITION OF THE CITY COIINCIL OF THE CITY OF LARE ELBINORB~ CALIFORNIA SIIPPORTING THE ESTABLISHMENT OF AN INLAND EMPIRE POSTMARR FOR ALL OIITGOING MAIL. WHEREAB, the Inland Empire has in the past decade and a half been one of the fastest growing areas in California and the United States; and WSEREAB, the Inland Empire is frequently and specifically referred to by the television and news media; and WHEREAB, this media identification of the Inland Empire has increased in frequency to the point that it is the common designation; and WHEREAB, there are 58 cities in the two county Inland Empire area, including the City of Lake Elsinore; NOW, THEREFORE, HE IT RESOLVED that the City of Lake Elsinore City Council supports and respectfully requests that the postmark on all outgoing mail be changed to Inland Empire. PASSED, APPROVED AND ADOPTED this 14th day of rrovember , 1995, upon the following vote: AYES: COIINCILMEMBERS: BRINLEY, PAPE, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ALONGI, BENDER ABSTAIN: COIINCILMEMBERS: n NONE laARi nManDVlu~~ ran CITY O A1CE ELSZNORE APPFiOG'E~Y~ ?1S TO LEGAL FORM: l~ JOHN R. HARPER TY ATTORNEY CITY OF LAKE E:,SINORE STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a regular meeting of said Council on the 14th day of November, 1995, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BRINLEY, PAPE, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ALONGI~ BENDER . COUNCILMEMBERS: NONE ` ~ VICKI KkSAD, CITY CLERK CITY OF' LAKE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I~ VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 95-73~ of said Council, and that the same has not been amended or repealed. DATED: November 22, 1995 c VICKI K~1~AD, CITY LERK CITY OF LAKE ELSINORE (SEAL) RESOLUTION NO. 95 - 73D A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE SUPPORTING HOUSE BILL HR 961 (AMENDMENTS TO THE CLEAN WATER ACT) WHEREAS, the United States House of Representatives has approved HR 961, a reauthorization of and amendments to the Clean Water Act (CWA); and WHEREAS, HR 961 repeals Section 402(p) of the CWA and amends the CWA to include Section 322, Storm Water Management Programs; and WHEREAS, the purpose of Section 322, as stated in the Section is: "...to assist States in the development and implementation of stormwater control programs in an expeditious and cost e£fective manner so as to enable the qoals and requirements of this Act to be met in each State no later than 15 years after the date of approval of the stormwater management program of the State."; and WHEREAS, Section 322 requires the States to develop reports that identifies the 1°...navigable waters within the State which, without additional action to control pollution from stormwater discharges, cannot reasonably be expected to attain or maintain applicable water quality standards...11 and the 1°...stormwater discharges that add significant pollution to each portion of the navigable waters..." and the "...measures to control pollution from each category and subcategory of stormwater discharges identified in subparagraph (B) and to reduce, to the maximum extent practicable, the level of pollution resulting from such discharges..."; and WHEREAS, Section 322 requires the States to develop, "In substantial consultation with local governments1°, stormwater management programs, 1°...for controlling pollution added from stormwater discharges to the navigable waters..."; and WHEREAS, Section 322 establishes grants to £und State and local demonstration programs and research to identify adverse impacts of stormwater on receiving waters, identify the pollutants in stormwater which cause the impacts and to test innovative 1 Resolution No. 95- 73D approaches to address the impacts of source control measures; and WHEREAB, Section 322 requires that stormwater criteria be established that is technologically and financially feasible based on the demonstration programs and research grants and other available storm water information; and WHEREAB, the California State Water Resources Control Board established a State-wide Stormwater Task Force to review, evaluate and recommend policies and procedures on how to best deal with municipal storm water pollution programs; and WHEREAS, Cities, Counties, Special Districts, Region IX of the EPA, and other interested California agencies are participants in the California Storm Water Task Force; and AHEREAS, it has been determined by scientific study and the consensus of the Task Force that it is both technically and economically infeasible to meet prescribed numeric limits of constituents in municipal storm water discharqes as envisioned eventually by the current National Pollutant Discharge Elimination System (NPDES) permit program as set forth in Section 402(p) of the current CWAp and WHEREAB, the District, the County of Riverside and twenty- three Cities in the County, are having to levy annual assessments of over $5,500,000 to meet the requirements of the NPDES permits without the benefit of proven problems and sources of storm water pollution and scientifically and engineering sound solutions 'co said unknown problems; and WHEREAS, Section 322 of HR 961 provides a reasonable process for defining the problem of storm water pollution while providinq for the development of reasonable control measures in the interim; and WHEREAS, EPA and the U. S. Army Corps of Engineers have interpreted that Section 404 of the CWA requires the City to obtain permits to do routine maintenance work in its channels, levee systems, dams and reservoirs, including removal of excess vegetative growth that obstructs flood flows; and 2 Resolution No. 95- 73D WHEREAS, the U. S. Army Corps of Engineers has been reluctant to allow such routine maintenance work to proceed without conditions of prohibitive mitigation requirements; and WHEREAS, the U. S. Army Corps of Engineers has been slow to issue permits when the City has a limited time period during the "dry season" to perform such work, thus causing some of our facilities to be at risk during the flood season. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elsinore that the City Council hereby requests the United States Senate to amend the Clean Water Act with regard to storm water in like manner as set forth in Section 322 of HR 961 and to amend Section 404(f)(1)(b) by adding the following language "flood control channels or other engineered flood control facilities", after the words "such as dikes, dams, levees...". BE IT FIIRTHER RESOLVED that the City Clerk of the City of Lake Elsinore forward copies of this Resolution to the Chairman of the United States Senate Committee on Environment and Public Works and the City's representatives in the United States Senate, Senators Barbara Boxer and Diane Feinstein. PASSED~ APPROVED~ AND ADOPTED this 14th day of November ~ 1995, by the ffollowing vote: AYESa COIINCILMEMBERSC BRINLEY, PAPE, WASHBURN NOES: COiJNCILMEMSER89 NONE ABSENT: COUNCILMEMBERS: ALONGI, BENDER . COUNCI$,~I~MBERS: NONE GARY ~W~,SHBURN, MAYOR CITYI O~' LAKE ELSINORE _~ VICKI LYNNE (I~ASAD; CI CITY OF LARLk~ELS2NORE APPROVED AS TO FORM AND LEGALITY: ~V/ l~ JOHN R. HARPE , CITY ATTORNEY 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foreqoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a reqular meeting of said Council on the 14th day of November, 1995, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BRINLEY, PAPE, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ALONGI, BENDER . COUNCILMEMBERS: NONE VICKI KA§AU, CITY CLERK CITY OF LAKE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 95-73D of said Council, and that the same has not been amended or repealed. DAT D: November 22, 1995 ~ ~ VICKI KASAD~ CITY CLERK CITY OF LAKE EL:;INORE (SEAL)