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HomeMy WebLinkAbout2022-022 County Service Area 152 NPDESRESOLUTION NO. 2022-22 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 2022-23 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 2021-22 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. Section 3. That the City of Lake Elsinore requests that the County of Riverside levy for 2022-23 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. DocuSign Envelope ID: AA25A7F5-C5C4-4F5D-B875-33CC4C4C7E2B CC Reso. No. 2022-22 Page 2 of 2 Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore, California, this 22nd day of February 2022. Timothy J. Sheridan Mayor Attest: Candice Alvarez, MMC City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2022-23 was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of February 22, 2022 and that the same was adopted by the following vote: AYES: Council Members Magee, Tisdale, and Manos; Mayor Pro Tem Johnson; and Mayor Sheridan NOES: None ABSENT: None ABSTAIN: None Candice Alvarez, MMC City Clerk DocuSign Envelope ID: AA25A7F5-C5C4-4F5D-B875-33CC4C4C7E2B