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HomeMy WebLinkAboutCC Reso No 2011-115 City Council ResoRESOLUTION NO. 2011-115 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REGARDING COUNTY SERVICE AREA 152 AND SETTING THE BENEFIT ASSESSMENT UNIT RATE FOR FISCAL YEAR 2011/2012 FOR THE CITY OF LAKE ELSINORE TO FUND THE CITY'S NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT PROGRAM WHEREAS, the County of Riverside has established a Community Service Area, (CSA) 152, for the purpose of collecting parcel charges for services within its boundaries; and WHEREAS, the City of Lake Elsinore, in order to fund its participation in the National Pollutant Discharge Elimination System ("NPDES"), annexed into CSA 152 in 1994; and WHEREAS, the County of Riverside has agreed to allow the CSA 152 funding vehicle to be utilized by the participating cities; and WHEREAS, the City has determined that the proposed CSA 152 parcel charge is a benefit assessment; and WHEREAS, the maximum assessment per Benefit Assessment Unit is $13.88; and WHEREAS, the City desires to establish a 2011/2012 parcel levy of $8.25 per Benefit Assessment Unit to fund the necessary NPDES requirements imposed by the Environmental Protection Agency and Regional Water Quality Control Boards; and WHEREAS, Section 5(a) of Article XIIID of the California Constitution states that existing assessments on the effective date of Article XIIID imposed exclusively to finance the capital costs or maintenance and operation expenses, flood control and drainage systems are exempt from the provisions of Article XIIID; and WHEREAS, Section 5(a) of Article XIIID of the California Constitution also states that future increases to an exempt assessment are subject to the provisions of Article XIIID; and WHEREAS, the proposed changes to the annual assessment do not exceed the maximum assessment and does not constitute an increase in assessment for purposes of Article XIIID. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMIE AND ORDER AS FOLLOWS: SECTION 1. The above recitals are true and correct. CC Resolution No. 2011-115 Page 2 of 3 SECTION 2. That the City of Lake Elsinore requests that the County of Riverside levy a 2011/2012 parcel charge in the amount of $8.25 per Benefit Assessment Unit. SECTION 3. That the City of Lake Elsinore continue participation in CSA 152. SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution and the same shall thereupon take effect and be in force. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, this 22nd day of February 2011. T)-'EST: I K ( uo 6~ V RGINI . BLOOM CITY CLERK APP OVED AS FORM: BA BARA LEI OLD, CITY ATTORNEY s AMY BHUTTA, MAYOR CITY OF LAKE ELSINORE CC Resolution No. 2011-115 Page 3 of 3 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE } SS I, VIRGINIA J. BLOOM, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2011-115 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 22"d day of February 2011, and that the same was adopted by the following vote: AYES: MELENDEZ, TISDALE, MAYOR PRO TEM MAGEE, MAYOR BHUTTA NOES: NONE ABSENT: HICKMAN ABSTAIN: NONE U (~{P VIRGII~A S. IILVYOM CITY &LE4K