HomeMy WebLinkAbout19262 - RESOLUTIONS - 5/20/1998 RESOLUTION NO. 19262
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 sec.) 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 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 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 it 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 storm 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 he
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 from 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 as follows:
Section 1 . The foregoing recitals are true and correct and the City Council so finds and
determines.
R19262
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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 uipon 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 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
1998-99 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
imposed in 1994.
Section 5. The City Council hereby authorizes the County of Riverside to levy assessments
under CSA 152 for the benefit of the City as set in Section 4 of this Resolution.
ADOPTED this 20th day of May , 1998.
AYES: Members Barnes, Hodges, Oden, Reller-Spurgin, and Mayor Kleindienst
NOES: None
ABSENT: None
ATTEST: CITY �F PALM SPRIG C/ALIFORNIA
C' yClerk City Manage
REVIEWED & APPROVED AS TO FORM
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