CC Resolution 2007-040
RESOLUTION NO. 2007-040
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 focal 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 \NPDESI 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 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
Resolution No. 2007..()40
CSA 152
Adopted: May 1. 2007
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, 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 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 2Ib), 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(al, 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 her!lby determines that the annual assessment rate
for fiscal Year 2007/2008 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 111 any and all claims, demands, and
causes of action of any kind or nature whatsoever and (21 any and all liability of
any kind or nature whatsoever that may arise out of or be caused by, or be
Resolution No. 2007-040
CSA 152
Adopted: May 1. 2007
Page 3
attributable to the imposition, collection, or allocation of any tax (special or
general), assessment fees or charges, andlor 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 15t day of May, 2007, by the following vote to wit:
AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph
NOES: NOlle
ABSENT: None
ABSTAIN: None
ATTEST:
NTECINO, CMC, City Clerk
toe, California
(SEALl
APPROVED AS TO FORM:
$.
M. KA TH RINE JENS , City Attorney
City of La Quinta, California