HomeMy WebLinkAbout1HCity Council Staff Re{)orl
DATE: April 8, 2021 CONSENT CALENDAR
SUBJECT: APPROVAL OF THE FISCAL YEAR 2021/2022 CSA 152 SPECIAL
ASSESSMENT RATE.
FROM:
BY:
SUMMARY:
David H. Ready, City Manager
Development Services Department
In accordance with an administrative services agreement with Riverside County for
administration of the County Service Area 152 ("CSA 152") for the National Pollutant
Discharge Elimination System ("NPDES"), Riverside County requires the City to establish
its CSA 152 budget and confirm the levy of special assessment for Fiscal Year 2021 /2022
by April 9, 2021 to allow Riverside County sufficient time to assemble and coordinate with
the County's levy of special assessments. This item approves the CSA 152 special
assessment rate of $9.50 per single family residential property, which remains unchanged
from prior years' assessments.
RECOMMENDATION:
Adopt Resolution No. __ , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS CALIFORNIA, MAKING FINDINGS AND REAFFIRMING THE
ESTABLISHMENT AND SETTING OF RATES FOR COUNTY SERVICE AREA 152 FOR
FISCAL YEAR 2021/2022 TO FUND THE CITY'S NATIONAL POLLUTION DISCHARGE
ELIMINATION SYSTEM (NPDES) PERMIT IN ORDER TO OPERATE AND MAINTAIN
THE CITY'S DRAINAGE AND FLOOD CONTROL SYSTEMS."
BACKGROUND:
The NPDES Program is a federally mandated program to control non-point sources of
runoff pollution. In 1972, the Federal Water Pollution Control Act ("Clean Water Act" or
"CWA") was amended to provide that discharge of pollutants to waters of the United
States from any point source is effectively prohibited, unless the discharge is in
compliance with a NPDES Permit. The Clean Water Act was amended in 1987 to
establish a framework for regulating municipal and industrial stormwater discharges
under the NPDES Program. In 1997, the City adopted Chapter 8.70 of the Municipal
Code which incorporates regulations of the NPDES Program.
ITEMNO. \ \,-\ 1
City Council Staff Report
April 8, 2021 --Page 2
CSA 152 Annual Report I Levy Assessment
The CWA made it unlawful to discharge any pollutant from a point source into navigable
waters, unless a permit was obtained. EPA's National Pollutant Discharge Elimination
System (NPDES) permit program controls discharges. Point sources are discrete
conveyances such as pipes or man-made ditches. Individual homes that are connected
to a municipal system, use a septic system, or do not have a surface discharge do not
need an NPDES permit; however, industrial, municipal and other facilities must obtain
permits if their discharges go directly to surface waters.
The CWA establishes requirements for the discharge of urban runoff from the Municipal
Separate Storm Sewer System ("MS4") under the NPDES program. The Colorado River
Basin Regional Water Quality Control Board ("RWQCB") issued Permit Order No. R?-
2013-0011 to authorize the discharge of urban runoff from within the City on June 20,
2013. The permit regulates the operation and maintenance of the City's Municipal
Separate Storm Sewer System (or "MS4" -the system of streets and storm drainage
systems that convey storm water runoff to the various waters of the U.S., including
Tahquitz Creek, Palm Canyon Wash, and Whitewater River). The NPDES permit
regulates the discharge of pollutants in urban stormwater runoff generated from
development projects, and from existing industrial facilities, restaurants, and commercial
sites. The goal of the NPDES permit is to prevent polluted runoff generated on public or
private properties from passing directly to the MS4 and thereby polluting the waters of the
U.S.
The NPDES permit requires the City to inspect
construction sites, industrial facilities, restaurants
and commercial sites. Inspection frequency is based
on various factors, such as: the type of business and
activities; the types of potential pollutants present;
whether the business is in significant non-
compliance and proximity to impacted waters.
Businesses are assigned to a high, medium or low
priority inspection based on the Standard Industrial
Code (SIC). Businesses that are classified as high
priority must be inspected annually, medium priority
businesses once every two years and low priority
businesses once every five years.
Examples of polluted stormwater runoff that are to be
prevented through the City's NPDES inspection program are shown in the following
photos. The examples identify erosion and sediment pollution caused by an active
construction site; oils and polluted contaminants in a drainage gutter; leaking fluids from
stored equipment; and leaking toxic chemicals and other pollutants from a commercial
trash enclosure.
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City Council Staff Report
April 8, 2021 --Page 3
CSA 152 Annual Report/ Levy Assessment
Clean-up of illegal dumping into stream bed
Riverside County originally formed CSA 152 to finance a portion of its programs and
obligations associated with its NPDES Permit. The City annexed into CSA 152 in 1993,
to allow for the levy of special assessments to offset the City's costs related to
administering the NPDES Program.
STAFF ANALYSIS:
On June 23, 2016, the City Council approved an Administrative Services Agreement with
Riverside County that facilitates the County's administration of the NPDES Program on
the City's behalf, to be offset by the special assessments collected in CSA 152. The
special assessment rate in Palm Springs is $9.50 annually per Benefit Assessment Unit
3
City Council Staff Report
April 8, 2021 --Page 4
CSA 152 Annual Report / Levy Assessment
("BAU"). The BAU is defined as a single family home on a 7,200 square feet (1/6 acre)
lot. In accordance with the agreement with Riverside County, the City is required to
complete its annual report for the CSA 152 Program, and confirm the CSA 152
assessment, by April 9, 2021, to allow Riverside County to assemble and coordinate the
levy of the CSA 152 special assessments in the next tax roll.
Staff recommends that the City Council adopt a Resolution making certain findings and
setting the BAU for CSA 152 at the currently adopted and existing rate of $9.50 which
does not exceed the prior BAU special assessment rate originally adopted by the City
Council in 1994. The annual report confirming the special assessment rate is included as
Attachment 1.
ENVIRONMENTAL IMPACT:
The requested City Council action is not a "Project" as defined by the California
Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a "Project" means the
whole of an action, which has a potential for resulting in either a direct physical change in
the environment, or a reasonably foreseeable indirect physical change in the environment.
According to Section 15378(b ), a Project does not include: (5) Organizational or
administrative activities of governments that will not result in direct or indirect physical
changes in the environment.
FISCAL IMPACT:
The CSA 152 special assessment of $9.50 per BAU is estimated to generate $450,652.48
in revenue in Fiscal Year 2021/2022 to fund all activities associated with the City's NPDES
Program. ·
SUBMITTED:
Director of Development Services
--,_2:::; ...a= ~ ~ ~
David H. Ready,Ph.D.
City Manager
Attachments:
1. Annual Report
2. Resolution
Marcus L. Fuller, MPA, PLS, PE
Assistant City Manager
4
Attachment 1
5
CITY OF PALM. 5-PRIN·GS
-' --• • r
Fiscal Year 2021./22 Annual Report
County Service Area 152 -National Pollutant
Discharge Elimination System (NPDES)
April 2021
6
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Phone -(760) 323-8299
CITY COUNCIL
Christy Holstege, Mayor
Lisa Middleton, Mayor pro tern
Geoff Kors, Councilmember
Grace Elena Garner, Councilmember
Dennis Woods, Councilmember
CITY STAFF
Marcus Fuller, Assistant City Manager/Director Engineer
Joel Montalvo, City Engineer
NBS
Dave Ketcham, Client Services Director
Jason Roth, Senior Consultant
7
TABLE OF CONTENTS
1. Executive Summary ........................................................................................................ 1
2. Maintenance and services ............................................................................................... 2
3. Estimate of costs ............................................................................................................ 4
District Budget ..................................................................................................................... 4
Fund Balance ....................................................................................................................... 5
4. Methodology of Charge ..................................................................................................... 6
Land Use Categories ............................................................................................................ 6
Maximum Annual Rate ........................................................................................................ 7
5. CSA 152 Boundaries ........................................................................................................... 8
6. Levy Listing ........................................................................................................................ 9
8
1. EXECUTIVE SUMMARY
The County of Riverside (the "County") formed County Service Area 152 (the "CSA 152") on November 26,
1991 with the passage of Resolution No. 93-634. At formation, CSA 152 encompassed all unincorporated
lands within the boundaries of the County. The purpose of the formation was to provide for
implementation of the federally mandated National Pollutant Discharge Elimination System (NPDES)
Program (the "Program") to control non-point source pollution. Non-point source pollution, caused by rain
or snowmelt, moves water over and through the ground picking up natural or synthetic pollutants from the
ground and then transmitting these pollutants into streams, rivers, lakes, wetlands, estuaries, coastal
water, and groundwater.
NP DES is part of the Clean Water Act, Section 319, enacted by Congress in 1987. The Clean Water Act
requires that all municipal, industrial, and commercial facilities that discharge wastewater or storm water
directly from a point source into waters of the United States must obtain a NPDES permit. Permits are
issued to ensure the receiving waters will achieve the federally mandated water quality standards. States
are required to address such pollution by producing assessment reports, adopting management programs
to control non-point source pollution, and implementing these management programs to curb pollution.
The Program requires runoff be controlled by all storm water systems. Therefore, all local agencies,
including the City of Palm Springs (the "City"), bear the responsibility for their own storm water systems,
which they own and operate. Storm water systems include, but are not limited to roadways, drainage
systems, washes, etc. As such, the City annexed into CSA 152 in 1993, to allow for the levy of the Charge to
offset the City's costs related to administering the Program.
Annually the City Council of the City of Palm Springs (the "Council") will pass a resolution approving the
annual report (the "Report") and setting the Benefit Assessment Unit (BAU) Rate.
The proposed BAU Rate for Fiscal Year 2021/22 remains at $9.50.
The following table summarizes the proposed Fiscal Year 2021/22 annual levy to cover the management
and implementation of the Program:
Fiscal Year 2021/22 Proposed Levy Summary
Number of Parcels Levied for Proposed Levy
Parcel Type Fiscal Year 2021/22 for Fiscal Year 2021/22
Assessor's Parcels 23,285 $349,908.46
Taxable Possessory Interest 5,221 100,744.02
Total: 28,506 $450,652.48
The Program is levied in accordance with the methodology adopted and approved by the City Council at
the time of the CSA 152 formation. The final levy submitted to the Riverside County Auditor-Controller in
August, may vary due to changes in the County's secured roll data that is released in July.
O Nes· City of Palm Springs
Fiscal Year 2021/22 Annual Report -County Service Area 152 1
9
2. MAINTENANCE AND SERVICES
The City's portion of the Program is levied and collected annually to offset costs associated with the
Program. Revenues generated from the charge regularly provide a variety of services benefiting the
properties that lie within the City's boundaries. The City provides services either directly through City staff,
indirectly via contractors, or through County efforts to service the public improvements and specified areas
within the boundaries of the City.
In general, the services provided using CSA 152 revenues include, but are not limited to, the following
activities resulting from the management and implementation of the Program:
• Developing a plan to reduce pollutants in storm water runoff that meets the minimum federal
standards at minimum cost to area residents.
• Identifying the various locations of pollution and types of pollutants carried in storm water runoff.
• Reviewing existing programs designed to protect against water pollution.
• Developing new programs to meet future federal standards and obtaining necessary permits from
the State and regional water quality authorities.
• Educating the public about the problems associated with storm water runoff pollution, helping
citizens learn what they can do to help contain this problem.
The implementation of the Program requires the City to provide maintenance to improvements and
various services to ensure compl.iance with the Program requirements. These services include, but are not
limited to:
• Water quality monitoring program
• Pollution prevention program
• Public education program
• Inspections
• Code enforcement
• Street cleaning, sweeping, and maintenance
• Hazmat removal
• Basin cleaning and maintenance
• Contractual services
• Consultant services
• Administration of the program
• Staffing costs and overhead allocations
City of Palm Springs
Fiscal Year 2021/22 Annual Report -County Service Area 152 2
10
Actual services provided may differ from those authorized based upon current resources, needs, and
funding levels available. In addition, the Program may be authorized to provide additional services as
outlined previously, beyond what services are actually provided.
G Nes· City of Palm Springs
Fiscal Year 2021/22 Annual Report -County Service Area 152 3
11
3. ESTIMATE OF COSTS
District Budget
Adopted Proposed
2020/21 2021/22
CSA 152 Budget Budget
PERSONNEL COSTS
Regular employees $90,500 $90,500
Personnel Holding 38,000 38,000
Overtime 4,000 4,000
Uniform Allowances 400 400
Pers Contributions 32,700 32,700
Pers POB 4,000 4,000
Medicare Tax 1,300 1,300
Fringe Benefits 22,800 22,800
Workers Compensation 5,800 5,800
RHS Health Benefits 1,500 1,500
Retiree Health Benefits 9,900 9,900
TOTAL PERSONNEL COSTS 210,900 210,900
MATERIAL AND SERVICES
Hazmat Removal 15,200 15,200
Contractual Services 199,800 199,800
Administration Fee 10,000 10,000
TOTAL MATERIAL AND SERVICES 225,000 225,000
SPECIAL CHARGES
Administration Services 0 0
Insurance 7,600 7,600
Facilities Maintenance 14,900 14,900
Benefits Administration 700 700
TOTAL SPECIAL CHARGES 23,200 23,200
TOTALS: $459,100 $459,100
G Nes· City of Palm Springs
Fiscal Year 2021/22 Annual Report -County Service Area 152 4
12
Fund Balance
The City may contribute financial resources to CSA 152 and the associated Program. However, the County
may hold monies that are available to the City. Below is the most recent City-held fund balance available.
O Nes· City of Palm Springs
City-Held Fund Balance as of
March 9, 2021
$190,299.07
Fiscal Year 2021/22 Annual Report -County Service Area 152 5
13
4. METHODOLOGY OF CHARGE
The methodology for the charge is the BAU method developed by Riverside County Flood Control District.
This method spreads the total charge to parcels within CSA 152 in proportion to each parcel's runoff.
Runoff is determined by first knowing a parcel's size in acres, its present land use, and then assigning a
runoff factor to its general land use category. Runoff factors are estimates of how much rainfall runs off a
parcel in comparison to the amount of rainfall that falls on a parcel. In other words, the runoff factor is a
way of expressing the relative degree of imperviousness of parcels with different land uses. Paved and
improved parcels have runoff factors closer to 1.0 (where 1.0 equals 100% runoff) than do unpaved or
unimproved parcels. Reducing the large number of land uses in the County to six general categories for
estimating runoff under the benefit assessment procedure provides for a manageable and reasonable
computation method.
For the Program, additional factors have been brought into the analysis that consider the type of activity
on that land use. The Program is required by Federal Regulation to focus its attention on urbanized areas
or developments and to exclude agricultural properties. Therefore, agricultural and vacant undeveloped
properties have been completely exempted from the Program though they may have some amount of
runoff.
The computation of the charge for any parcel is based on the number of BAUs assigned to that parcel. A
single-family residential parcel of 7,200 square feet (1/6 acre) in size with a runoff factor of 0.40 was
selected as the standard BAU. The number of BAUs for any other parcel can be computed by relating its
size and land use to the BAU.
Land Use Categories
The table below shows the six categories of land use, their respective runoff factors, and the BAU per acre.
Group Land Use Factor BAU Per Acre
A Commercial, Industrial 0.80 12
B Apartments/Mobile Home Parks, Churches, Schools 0.60 9
C Single Family Residential!1l 0.40 6
D Poultry, Irrigated/Cultivated Crops, Livestock, Vacant 0.00 0 Undeveloped
E Golf Courses, Private Parks 0.0067 0.10
F Parcels with Miscellaneous Structures 0.0033 0.05
{l) All SFRs are levied $9.50 regardless of size.
Calculation of a typical Commercial Charge is as follows:
(BAU) X (Developed Acreage) X (Rate)= Annual Charge
G Nes· City of Palm Springs
Fiscal Year 2021/22 Annual Report -County Service Area 152 6
14
Maximum Annual Rate
The Charge's maximum annual rate is $9.50 per BAU and the maximum annual rate is the same as was
originally adopted in 1994. All single-family residential parcels are levied at $9.50.
O Nes·
District
County Service Area 152
City of Palm Springs
Fiscal Year
2020/21 Actual
Rate
$9.50
Fiscal Year 2021/22 Annual Report -County Service Area 152
Fiscal Year
2021/22
Proposed Rate
$9.50
Fiscal Year
2021/22
Approved Rate
$9.50
7
15
5. CSA 152 BOUNDARIES
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G Nes· Fiscal Year 2021/22 Annual Report -County Service Area 152 8
16
6. LEVY LISTING
Due its size, the Levy Listing in electronic format is on file with the City. The description of each lot or
parcel as part of the records of the County Assessor of the County of Riverside are, by reference, made part
of this Report.
O NBs· City of Palm Springs
Fiscal Year 2021/22 Annual Report -County Service Area 152 9
17
Attachment 2
18
RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS CALIFORNIA, MAKING FINDINGS AND
REAFFIRMING THE ESTABLISHMENT AND SETTING OF
RATES FOR COUNTY SERVICE AREA 152 FOR FISCAL
YEAR 2021/2022 TO FUND THE CITY'S NATIONAL
POLLUTION DISCHARGE ELIMINATION SYSTEM
(NPDES) PERMIT IN ORDER TO OPERATE AND
MAINTAIN THE CITY'S DRAINAGE AND FLOOD
CONTROL SYSTEMS
WHEREAS, the Riverside County Service Area 152 (CSA 152) was created under the
Benefit Assessment Act of 1982 (Government Code Section 54702, et seq.), which
authorized local agencies to impose benefit assessments to finance the maintenance
and operation costs of flood control and drainage systems, based on the proportionate
storm water runoff from each parcel; and
WHEREAS, under the federally-mandated but unfunded National Pollutant Discharge
Elimination System (NPDES) Program, the City is required to have a valid permit from
the Regional Water Quality Control Board to discharge water runoff from properties
within the boundaries of the City; and
WHEREAS, street sweeping is a pro-active method of ensuring pro-active maintenance
from street runoff into the flood control and drainage systems of the City; and
WHEREAS, the City is a co-permittee of NPDES Permit No. CAS-617002 with the
Coachella Valley Water District, County of Riverside and the incorporated cities therein;
and
WHEREAS, the City, by its Resolution No. 18088 adopted on May 5, 1993, requested
the Local Agency Formation Commission to undertake proceedings to annex the City of
Palm Springs into CSA 152 for the purpose of partially funding the City's implementation
of the NPDES Program; and
WHEREAS, the Count of Riverside, by its Resolution No. 93-454 adopted December
21, 1993, annexed the City of Palm Springs into CSA 152 to partially fund the costs of
maintaining and operating the City's flood control and drainage systems under the
NPDES Permit; and
WHEREAS, the City by its Resolution No. 18351 adopted March 16, 1994,
recommended that the County Board of Supervisors adopt the City's proposed initial
budget for the portion of CSA 152 contained within the City; and
WHEREAS, the CSA 152 charges assessed on each parcel within the City are
determined in proportion to the storm water runoff attributable to each parcel; and
19
Resolution No.
Page 2
WHEREAS, the City uses revenues from the CSA 152 assessments solely for the
purpose of complying with the terms of the NPDES Permit, and for maintaining and
operating the City's flood control and drainage system; and
WHEREAS, Proposition 218, adopted by voters on November 6, 1996, established new
procedures and approval requirements for all existing assessments, unless the
assessment is exempt from the new requirements; and
WHEREAS, certain assessments that existed on November 6, 1996, are specifically
exempt from the Proposition 218 procedures and approval requirements, including
assessments imposed exclusively to finance the capital costs and maintenance and
operation expenses for sidewalks, streets, sewers, water, flood control, drainage
systems or vector control.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. The City Council finds the foregoing recitals to be true and correct.
Section 2. The City Council finds and declares that the City's CSA 152 charges are
assessments within the definition of California Constitution Article XIIID, Section 2(b), in
that they confer special benefits upon each parcel of property subject to the assessments.
Section 3. The City Council finds and declares that pursuant to Article XIIID, Section 5(a),
the City's CSA 152 assessments are exempt from the new procedures and approval
requirements of Article XIIID, Section 4, because the City's CSA 152 assessments existed
before November 6, 1996, and the assessments are imposed exclusively to finance the
capital costs and maintenance and operation expenses for flood control and drainage
systems in the City.
Section 4. The City Council hereby reaffirms its adoption of the annual assessment for
CSA 152 and hereby determines that the annual assessment rate for Fiscal Year
2021/2022 for CSA 152 is to be set at Nine Dollars and Fifty Cents ($9.50) per Benefit
Assessment Unit. The method of computation has not been changed nor has the rate of
assessment been increased since the assessment was first approved by the City in
accordance with Resolution No. 18351 adopted March 16, 1994.
Section 5. The City Council hereby authorizes the County of Riverside to levy
assessments under CSA 152 for the benefit of the City.
20
Resolution No.
Page 3
ADOPTED this 8th day of April 2021.
ATTEST:
Anthony J. Mejia, MMC, City Clerk
David H. Ready, City Manager
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. __ is a full, true and qorrect copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on April 8, 2021, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Anthony J. Mejia, MMC, City Clerk
City of Palm Springs, California
21