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Item 4 - First Reading of Ord. Amending PMC Code Sec. 5.02.080DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway February 4, 2020 Honorable Mayor and Members of the City Council Alan Fenstermacher, City Attorney Alan Fenstermacher, City Attorney afenstermacher@poway.org Aaron Beanan, Director of Finance� abeanan@poway.org CITY COUNCIL First Reading of Ordinance Amending Poway Municipal Code Section 5.02.080 of Chapter 5.02 (Business Certificates) Senate Bill 205 ("SB 205"), effective January 1, 2020, requires the City to obtain certain information from operators of regulated industries relating to stormwater when approving issuance or renewal of a business certificate. The proposed Ordinance (Attachment A) would amend section 5.02.080 of the Poway Municipal Code ("PMC") by adding subsection 5.02.080(A)(9) to reflect these requirements, to ensure that the City collects and reviews all information required by law. The proposed Resolution (Attachment B) would impose a fee of $28 to compensate the City for the costs incurred collecting and reviewing such information. Recommended Action: It is recommended that the City Council introduce the Ordinance for first reading by title only, waive further reading, and schedule the adoption of the Ordinance for February 18, 2020, and approve the Resolution. Discussion: In October 2019, SB 205 was approved by the California legislature. SB 205 adds new sections to the Business and Professions Code as well as the Water Code relating to requirements for business licenses, which are referred to in the City as business certificates. These sections require businesses operating in regulated industries (i.e., industrial businesses) to, when applying for a business certificate or business certificate renewal, demonstrate that the business is enrolled in the National Pollutant Discharge Elimination System (NPDES) by providing specific information within the application, including all primary Standard Industrial Classification Codes, along with several other certification identification numbers issued to the business by the State Water Resources Control Board. All applications are evaluated by staff to verify the primary activity of the business and subjectivity to the new state requirements, and therefore, if approved, all applications for business certificates will be subject to the proposed new fee. 1 of 6 February 4, 2020, Item #4 Staff has analyzed the increased costs that the City will incur as a result of this unfunded mandate, which it estimates to be $28 per application. The Resolution adds a new fee to the City's Master Fee Schedule, accordingly (Attachment B). The new fee will be increased each January by the annual change in the Consumer Price Index (CPI) for All Urban Consumers, San Diego-Carlsbad (2019 = 299.433). The year reference and related annual index number are provided to help individuals calculating the annual change in the index select the correct data series given the number and variations of CPI data series. Environmental Review: None. Fiscal Impact: Even though staff's work has increased while resources have not, the staff costs associated with processing this unfunded mandate will be offset by the proposed new fee. Public Notification: None. Attachments: A. Ordinance Amending Section 5.02.080 B. Resolution Amending Master Fee Schedule Reviewed/ Approved By: wend Kaserman Assistant City Manager Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch� City Manager 2 of 6 February 4, 2020, Item #4 3 of 6 February 4, 2020, Item #4 ORDINANCE NO. XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AMENDING CHAPTER 5.02 (BUSINESS CERTIFICATES) OF THE POWAY MUNICIPAL CODE WHEREAS, a new unfunded state mandate, Senate Bill 205 ("SB 205") amended the California Business and Professions Code to require a person applying to a city or a county for an initial business certificate or business certificate renewal, who conducts a business operation that is a regulated industry, to demonstrate enrollment with the National Pollutant Discharge Elimination System permit program by providing specified information, under penalty of perjury, on the application; WHEREAS, SB 205 would apply to all applications for initial business certificates and business certificate renewals submitted on and after January 1, 2020; WHEREAS, the Poway Municipal Code ("PMC") does not currently require all of the information required by SB 205; and WHEREAS, an amendment to section 5.02.080 of the PMC by adding subsection 5.02.080(A)(9) is necessary to reflect this requirement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: SECTION 1: The above recitals are true and correct, and are incorporated herein by reference. SECTION 2: The City Council hereby approves this Ordinance and amends section 5.02.080 of the PMC to add subsection 5.02.080(A)(9), which reads as follows: 9. The information required by Business and Professions Code section 16000.3, as may be amended from time to time, which includes: a. All primary Standard Industrial Classification Codes, as defined in Section 25244.14 of the Health and Safety Code, for the business. b. Any of the following for each facility operated by the person of that business: 1. The stormwater permit number, known as the Waste Discharger Identification number (WDID), issued for the facility by the State Water Resources Control Board. 2. The WDID application number issued for the facility by the State Water Resources Control Board. 3. The "notice of nonapplicability identification number" (NONA) issued for the facility by the State Water Resources Control Board. 4. The "no exposure" certification identification number (NEC) issued for the facility by the State Water Resources Control Board. ATTACHMENT A 4 of 6 February 4, 2020, Item #4 SECTION 3: This Ordinance shall be codified. Ordinance No. *** Page 2 EFFECTIVE DA TE: This Ordinance shall take effect and be in force thirty (30) days after its adoption. CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this Ordinance and cause it or a summary of it, to be published with the names of the City Council members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in accordance with Government Code § 36933. INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of Poway, California, held the 4th day of February, 2020 and thereafter PASSED AND ADOPTED at a Regular Meeting of said City Council held the 18th day of February, 2020 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Faviola Medina, CMC, City Clerk 5 of 6 February 4, 2020, Item #4 RESOLUTION NO. 20-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AMENDING THE MASTER FEE SCHEDULE TO ESTABLISH AN ADMINISTRATIVE FEE FOR SB 205 PURSUANT TO CHAPTER 5.02 OF THE POWAY MUNICIPAL CODE WHEREAS, California Government Code section 66016 et seq. establishes procedures for the adoption of fees for services by local government; WHEREAS, on May 4, 2010, the City Council adopted Resolution No. 10-017, adopting a Master Schedule of Fees; WHEREAS, on February 4, 2020, the City introduced an Ordinance for first reading amending Poway Municipal Code (PMC) Chapter 5.02 (Business Certificates) to add a new subsection 5.02.080(A)(9) (Ordinance) adding to the requirements for the City's business certificates; WHEREAS, the Ordinance implements new state law requirements imposed by Senate Bill 205 ("SB 205") relating to the regulation of stormwater; and WHEREAS, the proposed fee does not exceed the reasonable costs that the City will incur as a result of collecting, reviewing and otherwise processing the information required by the Ordinance, and SB 205 did not provide any funding for local agencies like the City to comply with its requirements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The City Council finds that this amendment to the Master Fee Schedule is exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15273. SECTION 2: The City's Master Fee Schedule is hereby amended to establish the following fee: SB 205 Administrative Fee $28 SECTION 3: The SB 205 Administrative Fee will increase each January by the annual change in the Consumer Price Index for All Urban Consumers, San Diego-Carlsbad (2019 = 299.433). PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 4th day of February, 2020, by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: ATTACHMENT B 6 of 6 February 4, 2020, Item #4 Steve Vaus, Mayor ATTEST: Faviola Medina, CMC, City Clerk