CC Resolution 2005-038
RESOLUTION NO. 2005-038
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; and
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 1 52; and
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
Resolution No. 2005-038
CSA 152
Adopted: May 17,2005
Page 2
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, 1 996, 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, BE IT RESOLVED by the City Council of the City of La
Guinta, California, 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 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 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 152 and hereby determines that the annual assessment rate
for Fiscal Year 2005/2006 for CSA 1 52 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,
1996.
Section 5. The City Council hereby authorized the County of Riverside to
levy assessments under CSA 152 for the benefit of the City. The City agrees that
it shall indemnify, defend and hold County and m,embers of its Board, and its
officers, employees and agents harmless from (1) any and all claims, demands, and
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Resolution No. 2005-038
CSA 152
Adopted: May 17, 2005
Page 3
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.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta
City Council held on this 17th day of May, 2005, by the following vote to wit:
AYES: C.ouncil Member Henderson, Osborne, Perkins, Sniff, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
DON ADOLPH,· yor
City of La Quinta, California
ATTEST:
~~. -eI~~~J7)
J ~ GREEK, CMC, Ity Clerk
City of La Quinta, California
(City Seal)
APPROVED AS TO FORM: