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RES-2023-060RESOLUTION NO. 2023- 0 6 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING THE ANAHEIM STORMWATER CREDIT PROGRAM CREDIT PRICE AND ADDING SAID CREDIT PRICE TO THE PUBLIC WORKS FEE SCHEDULE WHEREAS, the City of Anaheim is regulated by the Santa Ana Regional Water Quality Control Board through a National Pollutant Discharge Elimination System (NPDES) and Municipal Separate Storm Sewer System Permit (MS4 Permit) that require the City to reduce the discharge of pollutants in urban stormwater runoff to receiving waters to the maximum extent practicable; and WHEREAS, on June 13, 2023, the City Council introduced an Ordinance adding Chapter 10.13 (Stormwater Credit Program) of Title 10 (Public Services and Utilities) of the Anaheim Municipal Code relating to a voluntary Stormwater Credit Program (Program) and if adopted would allow the City to generate Stormwater Credits to be purchased by eligible development projects in compliance with the NPDES requirements and MS4 Pen -nit; and WHEREAS, the City has constructed and intends to construct, regional storm water capture facilities (Credit Generators) and is responsible for creation, management and accounting of the Program; and WHEREAS, qualifying development projects, both private and public, may choose to participate in the Program by purchasing Stormwater Credits; and WHEREAS the City retained a consultant to study and assess the technical basis, appropriate costs and sufficiency of a Stormwater Credit Price to be used in the Program; and WHEREAS, a Stormwater Credit Price Study (Study) was prepared considering: (a) costs for planning, design, and construction of the Credit Generators; (b) costs for maintenance of the Credit Generators; and, (c) costs associated with management of the Program; and WHEREAS, the City Council has reviewed the Study and considered testimony and other information presented to the City Council regarding the basis for and the amount of the Credit Price; and WHEREAS, the Credit Price established herein does not exceed the estimated reasonable costs of the Program; and WHEREAS the City Council desires to establish a Credit Price for the Program. NOW, THEREFORE, the City Council of the City of Anaheim resolves, finds and determines on the basis of the facts set forth in the agenda report presented to it and any testimony received at the meeting at which this matter was considered, as follows: Section 1. The foregoing recitals are true and correct. Section 2. The Credit Price shall be in the amounts set forth in Exhibit A, which is attached hereto and incorporated by this reference herein. Section 3. The Credit Price herein established does not exceed the estimated reasonable costs of the Program. Section 4. The Credit Price established herein shall become effective sixty (60) days following the date of adoption of this Resolution. Section 5. Without further action of the City Council the Credit Price shall be incorporated into the City's Fee Schedule. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 27th day of June. 2023, by the following roll call vote: AYES: Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel and Meeks NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM T. CITY CIIRK OF THE CITY OF ANAHEIM 148896lbmorley "FARs I i • • , rj17Y OF ANAHEIM 2 EXHIBIT A Anaheim Bay Watershed: $32.79/Credit. Santa Ana River Watershed: $26.88/Credit. CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2023-060 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 27th day of June. 2023 by the following vote of the members thereof: AYES: Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel and Meeks NOES: None ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 28th day of June, 2023. CIT CLERK OF THE CITY OF ANAHEIM (SEAL)