CC Resolution 2018-008 Street Sweeping & Drainage ProgramRESOLUTION NO. 2018 - 008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, MAKING FINDINGS AND
REAFFIRMING 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 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 ensuring 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. CAS -617002 with the
Coachella Valley Water District, 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 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 National Pollutant Discharge Elimination System 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. 2018-008
CSA 152
Adopted: March 65 2018
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
2018/2019 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 6th day of March, 2018, by the following vote:
Resolution No. 2018-008
CSA 152
Adopted: March 6, 2018
Page 3
AYES: Council Members Fitzpatrick, Pena, Radi, Sanchez, Mayor Evans
NOES: None
ABSENT: None
ABSTAIN: None
C�fr
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
SUSAN MAYSELS, CITY CL RK
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
WILLIAM H. IR E, City Attorney
City of La Quinta, California