HomeMy WebLinkAboutItem No. 07 SA 152 NPDES Permit ComplianceText File
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: RES 2014-067
Agenda Date: 2/13/2018 Status: Consent AgendaVersion: 1
File Type: ResolutionIn Control: City Council / Successor Agency
Agenda Number: 7)
Page 1 City of Lake Elsinore Printed on 2/8/2018
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Grant Yates, City Manager
Prepared by: Jason Simpson, Assistant City Manager
Date:February 13, 2018
Subject: Resolution Regarding County Service Area 152 and Setting the Benefit
Assessment Unit Rate for Fiscal Year 2018-19 for the City of Lake Elsinore
to Fund the City’s National Pollutant Discharge Elimination System (NPDES)
Permit Compliance Activities.
Recommendation
adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, MAINTAINING COUNTY SERVICE AREA 152 AND AUTHORIZING THE
BENEFIT ASSESSMENT UNIT RATE FOR FISCAL YEAR 2018-19 FOR THE CITY OF LAKE
ELSINORE TO FUND THE CITY’S NATIONAL POLLUTION DISCHARGE ELIMINATION
SYSTEM (NPDES) PERMIT PROGRAM
Background
The NPDES program originates from the Federal Clean Water Acts and the 1969 State of
California Porter-Cologne Water Quality Control Act. The State Water Resources Control Board
establishes the regulations that govern activities to improve water quality statewide. The
governance takes the form of Permits for storm water discharge; the Permits mandate activities,
which if not performed place the Permittee at risk for substantial penalties. The City together with
other local agencies is covered by the Permit referred to as the National Pollutant Discharge
Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit.
To fund the costs of the mandated activities, the County of Riverside established County Service
Area ("CSA") 152. In 1994, the County of Riverside annexed the City of Lake Elsinore into CSA
152. Enabling the City to impose a charge on individual parcels within City limits that contain a
structure. Each parcel is assigned a certain number of "benefit assessment units" or "BAU." For
instance, a single family home is assigned one BAU, commercial property is assigned 12 BAUs
per acre.
At the time of annexation, the City established the rate at $13.88 per BAU. Subsequently, the rate
has fluctuated from a low of $6.24 per BAU to the current rate of $13.88 per BAU. The current
charge is $13.88 per BAU.
County Service Area 152
February 13, 2018
Page 2
Discussion
With neither the State nor Federal governments providing funding for the activities mandated by
the NPDES Permit, the requirements appear to constitute an unfunded mandate and as such
would merit State funding, however, due to language in the Permit, the City is required to seek
and secure funding:
II.B.10. This Order does not constitute an unfunded mandate subject to subvention under
Article XIII.B, Section (6) of the California Constitution for several reasons including the
following:
c. The Permittees have the authority to levy service charges, fees, or assessments
to pay for compliance with this Order.
To ensure compliance with the NPDES MS4 Permit, the City must perform the required activities.
The Fiscal Year 2018-19 NPDES program budget is estimate at $457,300. These funds are used
to cover staff administrative costs and mandated activities that include implementation and
maintenance of electronic database, GIS mapping, maintenance of storm drains, catch basins,
maintenance equipment, inter-agency program cost shares, in lake water quality monitoring,
public education, and inspection of residential, commercial, industrial and construction sites in the
City.
Current CSA revenues are insufficient to cover the increasing cost of required activities. Activities
which grow in scope every year. For the current Fiscal Year, 17,250 properties in the City of Lake
Elsinore are listed for CSA 152 assessment and would generate approximately $383,000 at the
existing rate. The projected operating deficit of $74,300 will be covered using a balance of unused
CSA 152 monies (approximately $230,000) from prior years. If not for the unused fund balance,
the General Fund would bear the entire program budget deficit of $74,300.
Fiscal Impact
No negative fiscal impact.
Exhibit
A - Resolution
RESOLUTION NO. 2018-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, MAINTAINING COUNTY SERVICE AREA 152 AND AUTHORIZING
THE BENEFIT ASSESSMENT UNIT RATE FOR FISCAL YEAR 2018-19 FOR THE
CITY OF LAKE ELSINORE TO FUND THE CITY'S NATIONAL POLLUTION
DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT PROGRAM
Whereas,the County of Riverside established a Community Service Area, (CSA) 152, for the
purpose of collecting parcel charges for National Pollutant Discharge Elimination System
("NPDES") services within its boundaries; and
Whereas,the County of Riverside annexed the City of Lake Elsinore into CSA 152 in 1994,
thereby providing the City a funding source for its NPDES program activities; and
Whereas,the City has determined that the proposed CSA 152 parcel charge is a benefit
assessment; and
Whereas,the existing parcel charge is $13.88 per Benefit Assessment Unit; and
Whereas, the City desires to keep the 2017-18 parcel charge rate at $13.88 per Benefit
Assessment Unit to continue to fund the activities mandated by the Environmental Protection
Agency and State Water Resources Control board through the NPDES Permits; and
Whereas,Section 5(a) of Article XIIID of the California Constitution states that existing
assessments on the effective date of Article XIIID imposed exclusively to finance the capital
costs or maintenance and operation expenses flood control and drainage systems are exempt
from the provisions of Article XIIID; 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 XIIID; and
Whereas,the proposed changes to the annual assessment do not exceed the maximum
assessment established in 1994 and does not constitute an increase in assessment for
purposes of Article XIIID.
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY
RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1.The above recitals are true and correct.
Section 2.That the City of Lake Elsinore continues participation in CSA 152.
CC Reso No. 2018- _
Page 2 of 3
Section 3. That the City of Lake Elsinore requests that the County of Riverside levy for 2018-
19 a parcel charge in the amount of $13.88 per Benefit Assessment Unit.
Section 4. The City Clerk shall certify to the passage and adoption of this resolution and the
same shall thereupon take effect and be in force.
Passed and Adopted this 13
th day of February, 2018.
Natasha Johnson, Mayor
Attest:
Susan M. Domen, MMC
City Clerk
Approved as to Form:
_
Barbara Leibold
City Attorney
CC Reso No. 2018- _
Page 3 of 3
STATE OF CALIFORNIA COUNTY
OF RIVERSIDE SS
CITY OF LAKE ELSINORE
I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, hereby certify that
Resolution No. 2018- ____was adopted by the City Council of the City of Lake Elsinore,
California, at a regular meeting held on the 13
th day of February 2018, and that the same was
adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Susan M. Domen, MMC
City Clerk