CC Resolution 2002-061 RESOLUTION NO. 2002-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, MAKING FINDINGS AND RECONFIRMING THE
ESTABLISHMENT AND SETTING OF RATES FOR THE COUNTY SERVICE
AREA 152 TO FUND THE CITY'S STREET SWEEPING PROGRAM AND
OPERATE AND MAINTAIN THE CITY'S DRAINAGE AND FLOOD
CONTROL SYSTEMS
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 insuring 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 Permit No. CSA-617002 with the
County of Riverside and the incorporated cities therein; and
WHEREAS, the City, by its Resolution No. 97-39, adopted on May 20, 1997
authorized Riverside County to levy and establish a Benefit Assessment Unit (BAU)
rate for the 1997/98 Fiscal Year CSA 152 assessments,
· WHEREAS, the City by its Resolution No. 97-39, adopted on May 20, 1997,
agreed to indemnify and hold the County harmless for levying Assessments on the City
parcels under CSA 152,
WHEREAS, the City uses revenues from 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 to provide street sweeping within the City of La
Quinta; 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
Resolution No. 2002-61
CSA 152
Adopted: May 7, 2002
Page 2
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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA
RESOLVES AS FOLLOWS:
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 City's CSA 152
charges are assessments with 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
street sweeping, flood control, and drainage systems in the City.
SECTION 4. The City Council hereby reaffirms its adoption of the annual
assessment for CSA 1 52 and hereby determines that the annual assessment rate for
Fiscal Year 2002/2003 for CSA 152 is to be set at nine dollars and ninety-nine cents
($9.99) per benefit assessment unit. The method of computation has not been
changed nor has the rate of assessment been increased since August 6, 1 996.
SECTION 5. The City Council hereby authorized the County of Riverside to leVy
assessments under CSA 1 52 for the benefit of the City. The City agrees that it shall
indemnify, defend and hold County and members of its Board, and its officers,
employees and agents harmless from (1) any and all claims, demands, and causes of
action of any kind or nature whatsoever and (2) any and all liability of any kind or
nature whatsoever that may arise out of or be caused by, or be attributable to the
imposition, collection, or allocation of any tax (special or general), assessment fees or
charges, and/or any other revenue generated through City's application of reliance on
or use of County Service Area 1 52.
· Resolution No. 2002-61
CSA 152
Adopted: May 7, 2002
Page 3
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City
Council this 7th day of May 2002, by the following vote:
AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pe~a
NOES' None
ABSTAIN' None
ABSENT:None
C~ty of~ Quanta, Ca~ orn~a
ATTEST:
_ --
JON~. GREEK~-C~y Clerk
City of La Quinta, California
(City Seal)
APPROVED AS TO FORM'
w - .
M KATHERINE JENSON, C~ty Attorney
City of La Quinta, California