§ 98-162. Findings.

The city council hereby finds as follows:

(1)

Within the city, there is a system of stormwater and surface water management facilities, including but not limited to inlets, conduits, manholes, channels, ditches, drainage easements, retention and detention basins, infiltration facilities, overland release corridors, and other components as well as natural waterways.

(2)

Those elements of the stormwater and surface water management system that provide for the collection, storage, treatment, and conveyance of storm drainage are of benefit and provide services to all developed property within the city.

(3)

The cost of operating and maintaining the storm drainage management system, including necessary repairs, should, to the extent practicable, be allocated in relationship to the benefits enjoyed and services received therefrom.

(4)

Erosion and the discharge of nutrients, metals, oil, grease, and other substances into and through the storm drainage system is resulting in a degradation in water quality.

(5)

The public health, safety and welfare are adversely affected by poor water quality and flooding resulting from inadequate storm drainage management practices.

(6)

The storm drainage management practices necessary to protect water quality are largely established by federal and state statutes, regulations and permitting requirements.

(7)

Real property either uses or benefits from the presence and operation of the storm drainage management system.

(8)

The use of the storm drainage system is dependent on factors that influence runoff, including land use and impervious area.

(9)

The city has the authority under Health and Safety Code § 5471 to prescribe, revise and collect fees, tolls, rates, rentals and other charges for facilities and services furnished by it in connection with its storm drainage system.

(10)

The legislature, through the adoption of Health and Safety Code § 5471, has specifically authorized the city to provide storm drainage services as a utility function for which service charges may be levied.

(11)

Storm drainage services are currently provided within the city and funded through a combination of property tax revenue and benefit assessments.

(12)

Property taxes have proven to be an unreliable source of revenue due to the state's recent proclivity for shifting local property tax revenue from the county, cities and special districts to schools.

(13)

Benefit assessments are an undesirable revenue mechanism because of the significant lag time between the time that the assessments are approved and the time that they are received as part of the real property tax collection and allocation process. This lag time creates the need to include a component in the assessment to provide a reserve for dry period financing purposes.

(14)

A fee to fund storm drainage services offers a reliable and consistent source of revenue that is locally controlled and independent of the vagaries of the state's budget process.

(Ord. No. 97-01, § 2(15.10.020), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)