CC Resolution 1997-039 CSA 152 FY 1997/98^O RESOLUTION NO.97-39
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
AREAS 152 TO FUND THE CITY'S STREET SWEEPING PROGRAM AND
COOPERATE AND MAINTAIN THE CITY'S DRAINAGE AND FLOOD
CONTROL SYSTEMS
WHEREAS, the Riverside County Service Agency 1 52 CSA 1 52) was created
under the Benefit Assessment Act of 1 982 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.96-65, adopted on August 6, 1 996
authorized Riverside County to levy and establish a Benefit Assessment Unit BAU)
rate for the 1 996/97 Fiscal Year CSA 1 52 assessments,
WHEREAS, the City uses revenues from CSA 1 52 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 L a
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
WHEREAS, certain assessments that existed on November 6, 1 996, are
specifically exempt from the new 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.
BIB]
09-02-1998-U01
03:56:41PM-U01
ADMIN-U01
CCRES-U02
97-U02
39-U02
^OResolution No.97-39
Page 2
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 1 52
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 1 52 assessments are exempt from the new procedures
and approval requirements of Article XIIID, Section 4, because the City's CSA 1 52
assessments existed before November 6, 1996, and the assessments are im*osed
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 1 997/98 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.
SectionS. 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 fee or
charges, and/or any other revenue generated through City's application of reliance on
or use of County Service Area 1 52.
BIB]
09-02-1998-U01
03:56:41PM-U01
ADMIN-U01
CCRES-U02
97-U02
39-U02
^OResolution No.97-39
Page 3
PASSED, APPROVED AND ADOPTED this 20th day of May 1 997, by the
following vote:
AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt
NOES: None
ABSTAIN: None
ABSENT: None
GLENDA HOLT, Mayor
City of La Quinta, California
ATT ST:
AUNDRA L. JUHOLA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
DAWN HONEYWEL *, City Attorney
City of La Quinta, California
BIB]
09-02-1998-U01
03:56:41PM-U01
ADMIN-U01
CCRES-U02
97-U02
39-U02