HomeMy WebLinkAboutItem No. 06 - County Service Area 152 NPDES Permit Compliance
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REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Shannon Buckley, Assistant City Manager
Date:February 28, 2023
Subject:County Service Area 152 and Setting the Benefit Assessment Unit Rate
for Fiscal Year 2023-24 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 THE FISCAL YEAR 2023-24 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 Act 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 stormwater 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, and commercial property is assigned 12
BAUs per acre.
Area 152 NPDES
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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.
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 2023-24 NPDES funded program budget is estimated at $800,000. Current CSA
revenues are insufficient to cover the increasing cost of required activities, which grow in scope
yearly. For the current Fiscal Year, 19,200 properties in the City of Lake Elsinore have been listed
for CSA 152 assessment and would generate $418,000 at the current rate. A carryover balance
held by the County will bring our FY 2023-24 NPDES budget to $800,000. This budget reflects
the following:
1. Cleanout of storm drain facilities and stormwater treatment facilities by two
dedicated City staff with the vac truck
$300,000
2. Staff Administrative costs $ 25,000
3. Mandated activities**$475,000
Total $800,000
**(includes implementation and maintenance of electronic database, GIS mapping, storm drains,
catch basins, maintenance equipment, inter-agency program cost shares, lake water quality
monitoring, public education, and residential, commercial, industrial, and construction inspection
sites in the City. Additional unfunded NPDES activities include catch basin maintenance, water
quality facility inspection, and maintenance.) These activities are currently covered by the
General Fund and will use reserves at the County until depleted.
Fiscal Impact
No negative fiscal impact.
Area 152 NPDES
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Attachments
Attachment 1 - Resolution CSA 152
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RESOLUTION NO. 2023-
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 2023-24 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 2022-23 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. 2023- _
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Section 3. That the City of Lake Elsinore requests that the County of Riverside levy for
2023-24 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 28th day of February, 2023.
Natasha Johnson, Mayor
Attest:
Candice Alvarez, MMC
City Clerk
Approved as to Form:
_
Barbara Leibold
City Attorney
CC Reso No. 2023- _
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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. 2023- ____was adopted by the City Council of the City of
Lake Elsinore, California, at a regular meeting held on the 28th day of February 2023,
and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Candice Alvarez, MMC
City Clerk