HomeMy WebLinkAbout19034 - RESOLUTIONS - 5/21/1997 RESOLUTION NO. 19034
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, MAKING FINDINGS AND RECONFIRMING
THE ESTABLISHMENT AND SETTING OF RATES FOR
' COUNTY SERVICE AREA 152 TO FUND THE CITY'S
NATIONAL POLLUTANT DISCHARGE ELIMINATION
SYSTEM (NPDES) PERMIT IN ORDER TO OPERATE AND
MAINTAIN THE CITY'S DRAINAGE AND FLOOD CONTROL
SYSTEMS
WHEREAS, Riverside County Service Agency 152 (CSA 152) was created under the
Benefit Assessment Act of 1982 (Government Code Section 54702, et seq.), which authorizes
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
Elunination 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 into the Whitewater River through the City's storm drain and flood
control channels; and
WHEREAS the City is a co-permittee of Permit No. CSA-618033 with the County of
Riverside and the incorporated cities therein; and
WHEREAS the City, by its Resolution No. 18088 adopted 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 County 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 joint 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 stone water runoff attributable to each parcel; and
WHEREAS, the City uses revenues from the CSA 152 assessments solely for the purpose
of maintaining and operating the City's flood control and drainage system to comply with the
NPDES Permit; 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 fronn the new requirements; and
WHEREAS, certain assessments that existed on November 6, 1996, are specifically
exempt from the new 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.
NOW THEREFORE, the City Council of the City of Palm Springs resolves
sas((�follows:
592/014094-0001/3070216.1 .05/14/97
s - IS- � 1
Section 1. The foregoing recitals are true and correct and the City Council so finds
and determines.
Section 2. The City Council finds and declares that the Cityy's CSA 152 charges are
assessments within the definition of California Constitution Article XITID, Section 2(b), hi that
they confer special benefits upon each parcel of property subject: to the assessments, in '
proportion to the storm water runoff attributable to each parcel.
Section 3. The City Council finds and declares that pursuant to Article X➢ID, 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 reaffrrns its adoption of the annual assessment
for CSA 152 and hereby determines that the annual assessment rate for fiscal year 1997-98 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 unposed in 1994.
Section 5. The City Council hereby authorizes the Comity of Riverside to levy
assessments under CSA 152 for the benefit of the City. The City agrees that it shall indemnify,
defend and hold harmless County and members of its Board, and its officers, employees and
agents, from any and all sections, claims, damages, penalties, obligations or liabilities that may
be asserted or claimed by any person, firm, entity, corporation, political subdivision or other
organization arising out of or in connection with the County's collection or allocation of
assessments under CSA 152 but only as to the collection or allocation of assessments collected
from property within the City or allocated to the City, and further excluding such actions, '
churns, penalties, obligations or liabilities arising from the sole negligence or willful[ misconduct
of the County, members of its board, and its officers, employees, and agents, and in connection
therewith:
A. The City will defend with legal counsel of its choice any action or actions filed
in connection with any of said claims, damages, penalties, obligations or
liabilities and will :pay all costs and expenses, including attorneys' fees incurred
in connection therewith.
B. City will promptly pay any judgment rendered against the County covering such
claims, damages, penalties, obligations and liabilities mentioned herreunder.
C. City's obligations hereunder are contingent on the County's providing the City
with prompt written notice of the filing of any such claims and cooperating in
good faith with the: City in defending the County.
ADOPTED this 21st day of May , 1997.
AYES: Members Barnes, Hodges, Oden , Spurgin & Mayor Kliendeinst
NOES: None
ABSENTNone '
ATTEST: Cl OF PALM SP G , C:ALIFORNI[A
r
By
City Clerk n y Man ger
REVIEWED AND APPROVED AS TO FORM
582/01,1084-0001/3070216.1 a05114197 -2-