CC Resolution 2010-032RESOLUTION NO. 2010 - 032
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 1997-1998 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 152; 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
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. 2010-032
County Service Area 152
Rates for Street Sweeping, Drainage, Flood Control
Adopted: May 4, 2010
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, BE IT RESOLVED by the City Council of the City of La
Quinta, California, 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 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 2010-201 1 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,
1996.
Section 5. The City Council hereby authorizes 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 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 152.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta
City Council held on this 4t" day of May, 2010, by the following vote:
Resolution No. 2010-032
County Service Area 152
Rates for Street Sweeping, Drainage, Flood Control
Adopted: May 4, 2010
Page 3
AYES: Council Members Evans, Franklin, Henderson, Sniff, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
VEHUNIUA
City of La (
(CITY SEAL)
, California
APPROVED AS TO FORM:
G. LZ
DON A LPH, yor
City of La Quin , California
, CITY CLERK
MICH , HOUSTON, Assistant City Attorney
Cit La Quinta, California
Resolution No. 2010-032
County Service Area 152
Rates for Street Sweeping, Drainage, Flood Control
Adopted: May 4, 2010
Page 4
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CITY OF LA QUINTA )
I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta, California,
do hereby certify that the foregoing is a full, true and correct copy of City Council
RESOLUTION NUMBER 2010-032, entitled "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", adopted by the La Quinta City Council on the 4th day of
May 2010.
Dated: May �, 2010
t,lry trlerK
City of La Quinta, California