HomeMy WebLinkAbout2012-03-27 City Council Agenda Item No. 14~
~R~A E~~`R~~
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: PAT KILROY
INTERIM CITY MANAGER
DATE: MARCH 2l, 2Q12
SUBJECT: RESOLUTION REGARDING COUNTY SERVICE AREA 152 AND
SETTING THE BENEFIT ASSESSMENT UNIT RATE FOR FISCAL
YEAR 2012/213 FOR THE CITY OF LAKE ELSINORE TO FUND THE
CITY'S NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
~NPDESj PERMIT PROGRAM
Background
The NPDES program originates from the Federal Clean Water Act and the 1969 State
of California Porter-Cologne Water Quality Control Act.
The County of Riverside established County Service Area ("CSA") 152 as a funding
mechanism to pay for anticipated costs of compliance with the above-reference clean
water legislation and what is now commonly referred to as the National Pollutant
Discharge Elimination System {NPDES) Municipal Separate Storm Sewer System
{MS4) Permit requirements.
In 1994, the County of Riverside annexed the City of Lake Elsinore into its County
Service Area 152. At that time, the City, based on the budgeted cost for program
compliance activities acting through the County and CSA 152,. imposed a charge on
individual parcels within the City that contain a structure. Each parcel is assigned a
certain number of "benefitted assessment units" or "BAU." For instance, a single family
home is assigned one BAU, commercial property is assigned 12 BAUs per acre.
As initially set, the maximum authorized charge is $13,88 per BAU but the actual charge
has historically been much lower, It was reduced to $6.63 in 1997 and remained at that
rate until 2010. Until 2010, any cost increases for program implementation were funded
by the City's General Fund.
AGENDA ITEM N0.14
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In July of 2010, Staff recommended the City Council begin the process of phasing in
increases to the BAU in an effort to bring the revenue into line with expenditures and
ease the burden on the General Fund. City Council approved a modest increase of
$0.84 over the rate set in 1997 to $7.54. Even with this increase in funds, the program
compliance activity casts were expected to exceed the revenue generated. A surplus in
funds accumulated aver previous years was used to offset the deficit.
Discussion
At this time, neither the State nor Federal governments provide funding for the activities
mandated by the NPDES Santa Ana Region MS4 Permit, the City's primary source of
funding for the City's NPDES program activities is CSA 152.
In July of 2414, the new NPDES Santa Ana Region MS4 Permit went into effect. The
Permit provides for a phased implementation of new compliance activities. The City's
fiscal year 2414/2411 NPDES program implementation costs were $222,114.33; based
on expenditures to date, for the current fiscal year 2011 /2012 casts are estimated at
$303,328.00, an increase of 35.6% over the previous year. In part the increase is due
to the cost of digitizing plans and mapping the City's storm drain system, a requirement
of the MS4 Permit. It is anticipated that costs for 2012/2013 will remain the same or
increase. Activities included in the cost of compliance: are staff administrative costs,
reporting, education and training, maintenance of storm drains, catch basins, purchase
and maintenance of equipment, inter-agency program cost shares, inspection of
residential, commercial, industrial and construction sites in the City and include one time
expenditure for web-based mapping of the City's storm drain system.
Despite cost saving measures by staff (i.e., taking advantage of free training
opportunities and cost sharing of compliance activities with Riverside County Flood
Control and other Permittees), at the present assessment level of $8.24, revenue from
CSA 152 estimated at $179,904 is insufficient to cover the annual program compliance
costs. In keeping with City Council direction to increase the BAU in modest increments,
Staff recommends that the City Council increase the BAU by approving at 10%° increase
to $9.06, generating an estimated $196,574. The operating deficit of $106,754. will be
covered by unused CSA 152 monies from prior years.
Fiscal Impac#
No negative fiscal impact to the City's General Fund.
Recommendations
Approve Resolution No. 2012- regarding County Service Area 152 and Setting the
Benefit Assessment Unit Rate for Fiscal Year 2412/2413.
Prepared by: Rita Tharnpsan
NPDES Coordinator
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Ken A. Seumalo y
Director of Puk~lic Works
Approved by: Pat Kilroy
Interim City Manager
Attachments: Resolution
Page 3 of 6
Page 4 of 6
RESOLUTION NO.201 ~-01 ~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINOR, CALIFORNIA, REGARDING COUNTY SERVICE AREA 1 ~2
AND SETTING THE BENEFIT ASSESSMENT UNIT DATE FOR FISCAL
YEAR 2012!2013 FOR THE CITY OF LAKE ELSINORE To FUND THE
CITY'S NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM
~NPDS PERMIT PROGRAM
WHEREAS, the County of Riverside has established a Community Service Area,
CSA} 152, for the purpose of collecting parcel charges for services within its
boundaries; and
WHEREAS, the City of Lake Elsinore, in order to fund its participation in the
National Pollutant Discharge Elimination System ~"NPDES"), annexed into CSA 152 in
1994; and
WHEREAS, the County of Riverside has agreed to allow the CSA 152 funding
vehicle to be utilized by the participating cities; and
WI-lEREAS, the City has determined that the proposed CSA 152 parcel charge is
a benefit assessment; and
WHEREAS, the City desires to establish a 20212913 parcel levy of 9.{I6 per
Benefit Assessment Unit to fund the necessa~ NPDS requirements unposed ley the
Environmental Protection Agency and Regional Water duality Control Boards; and
WHEREAS, Section 5~a~ of Article lllD of the California Constitution states fat
existing assessments on the effective date of Artie lllD imposed exclusively to
finance the capital costs or maintenance and operation expenses, flood contra! and
drainage systems are exempt from the provisions of Article ,~1llD; and
WHEREAS, Section 5~a~ of Article XIIID of the California Constitution also states
that future increases to an exempt assessment are subject to the provisions of Article
~l l l D; and
WHEREAS, the proposed changes to the annual assessment do not exceed the
maximum assessment of X13.88 and does not constitute an increase in assessmen# for
purposes of Article XIIID.
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
DOES HEREBY RESOLVE, DECLARE, DETERMIE AND ORDER AS FOLLOWS;
SECTION 1. The above recitals are true and correct.
SECTION 2. That the City of Lake Elsinore requests that the County of Riverside
levy a 201212013 parcel charge in the amount of $9.06 per Benefit Assessment Unit.
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CC Resolution loo. 2011-017 Page 2 of 3
SECTION 3. That the City of Lake Elsinore continues participation in CSA 15~.
SECTION 4. The City Clerk shall certify to the passage and adoption of this
resolution and the same shall thereupon tape effect and be in force.
PASSED, APPROVED ANC ADOPTED at a regular meeting of the City Council
of the City of Lake Elsinore, California, this 27t~ day of March Zo12.
BRIAN TISDALE, MAYOR
CITY of LAKE ELSINORE
ATTEST:
VIRGINIA ~l. BLOOM
CITY CLERK
APPROVED AS TG EflRM:
BARBARA LEIBOLD, CITY ATTORNEY
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