HomeMy WebLinkAbout24054 RESOLUTION NO. 24054
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 2016-17 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
Resolution No. 24054
Page 2
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 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 2016/2017 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 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. 24054
Page 3
ADOPTED THIS 23RD DAY OF JUNE, 2016.
David H. Ready, City Ma er
ATTEST:
mes Thompson, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 24054 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 the 23rd day of
June 23, 2016, by the following vote:
AYES: Councilmember Foat, Councilmember Kors, Councilmember Roberts,
Mayor Pro Tern Mills, and Mayor Moon.
NOES: None.
ABSENT: None.
ABSTAIN: None.
es Thompson, City Clerk
ity of Palm Springs, California