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HomeMy WebLinkAbout25108' RESOLUTION NO.25108 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 2023/2024 TO FUND THE CITY'S NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT IN ORDER TO OPERATE AND MAINTAIN THE CITY'S DRAINAGE AND FLOOD CONTROLSYSTEMS 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 Resolution No 25108 Paget 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 2023/2024 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. Resolution No 25108 Page3 I ADOPTED THIS 11TH DAY OF MAY 2023. ATTEST: 1 Brenda Pree, City Clerk CERTIFICATION ZG l Zez Scott C. Stiles, City Manager STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS) I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 25108 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on May 11, 2023, by the following vote: AYES: Councilmembers deHarte, Holstege, Middleton, Mayor Pro Tern Bernstein and Mayor Garner NOES: None ABSENT: None RECUSED: None IN WITNESS WHEREOF, I have hereunto$$t my hand and affixed the official seal of the City of Palm Springs, California, this o�o�ty of , ;) o a-3 . Brenda Pree, MMC, CERA, City Clerk City of Palm Springs, California