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HomeMy WebLinkAboutCC Reso No 1997-26RESOLUTION NO. 97- 26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE MAHING FINDINGS AND CONFIIiMING THE RATES FOR COUNTY SERVICE AREA 152 TO FUND THE CITY' S NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERNIIT IN ORDER TO OPERATE AND MAINTAIN THE CITY'S DRAINAGE AND FLOOD CONTROL SYSTEMS WHEREAS, the County of Riverside, by its Resolution No. 94-385 adopted December 6, 1994, annexed the City of Lake Elsinore to its County Service Area (CSA)-152 at the City's request in order to partially fund the costs of maintaining and operating the City's flood control and drainage systems under its joint National Pollutant Discharge Elimination System (IVPDES) permit (the "Pernut"); and WHEREAS, the City, by its Resolution No. 94-26, adopted May 26, 1994, approved of the City's annexation to CSA-152, annexation which is referred to as CSA-152, to fund the Ciry's responsibilities under the Pernut and to repair and maintain the City's storm drains in order to remain in compliance with the Pemvt and operate and maintain the City's flood control systems; and WHEREAS, the City is a co-permittee of Pernut No. CAS-618033 with the County of Riverside and the incorporated cities therein; and WHEREAS, the City must have a valid NPDES Pernut in order to discharge runoff from properties within the boundaries of the City through its storm drain and flood control channels directly into Lake Elsinore or tluough Riverside County's channels into the Santa Ana River; and WHEREAS, the City uses revenues from the CSA-152 assessments solely for the purpose of maintaining and operating the City's storm drain and flood control system, including complying with the Permit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elsinore as follows: Section 1. The City Council hereby finds and deternunes that each an every recital set forth above is true and correct. Section 2. Based upon the facts set forth herein, the City Council finds that CSA-152 charges are assessments that confer benefits upon each pazcel ofproperty subject to the assessments. These assessments were imposed on properties within the City in 1995. Pursuant to Section 5(a) of Article XIIID of the Califomia Constitution, the CSA-152 assessments are exempt from the procedures and approval process of Section 4 of Article XIIID of the California Constitution because 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 flood control and drainage systems in the City. Section 3. The City Council hereby affirms its adoption of the annual assessment for CSA-152 as adopted by Resolution and hereby determines that the annual assessment rate for fiscal year 1997-98 for CSA-152 is hereby set at 6.64 per benefit assessment unit. Section 4. The City Council hereby authorizes that County of Riverside to levy assessments under CSA-152 for the benefit of the City. The City agrees that it shall indemnity, defend and hold harmless County and members of its Boazd, its officers, employees and agents, from any and all actions, claims, damages, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of or in connection with the County's collection or allocation of assessments under County Service Area 152 collected or allocated to the City, but excluding such actions, claims, penalties, obligations or liabilities arising from the sole negligence or willful misconduct of the County, members of its Board, and its officers, employees, and agents and in connection therewith; (a) The City will defend with legal counsel its choice any action or actions filed in connection with any of said claims, damages, penalties, obligation or liabilities and will pay all costs and expenses, including attorney's fees incurred in connection therewith; and (b) City will promptly pay any judgment rendered against the County covering such claims,damages, penalties, obligations and liabilities mentioned hereunder so long as the County provides the City with prompt written notice of the filing of any such claims and cooperates in good faith with the City in defending the County. ADOPTED, SIGNED AND APPROVED this lOthday of June 1997 AYES: COLTNCIL,MEMBERS: ALONGI, BRINLEY, KELLEY, METZE,PAPE NOES: COL7NCILMEMBERS: NoNE ABSENT: COUNCILMEMBERS: NOrrE ABSTENTIONS: COLTNCILMEMBERS: tvONE LAKE ELSINORE AT ST: VICKI KASAD, CITY CLERK C ?T~' OF LAKE ELSINORE APPROVED S TO FORM AND LEGALITY: JOHN HARPE C Y ATTORNEY STATE OF CALIFORN7A ) COUNTY OF RIVERSIDE ) 5S: CITY OF LAKE ELSINORE ) I, VICHI KASAD, CITY CLERK OF 1'HE CITY OF LAKE ELSINORE, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at an Adjourned Regular Meeting of said Council on the lOth day of June, 1997, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: ALONGI, BRINLEY, METZE, KELLEY, PAPE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCII.MEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ~ ~ ^ 4TCHI KA ~1'r, ,.,iTY CLERK -;,"~~i' OF LA.Kt: ELSINORE (SLry'.) STATE OF CALIFORNIA ) COiTNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICHI KASAD, C1TY CLERK OF THE C1TY OF LAKE ELSINORE, DO HEREBY CERTII~'Y that the above and foregoing is a full, true and correct copy of Resolution No. 97-26 of said Council, and that the same has not been amended or repealed. DATE: June 11, 1997 ~ ~ ~~~ r VICK~'KAS~~1.~, .. LERK f'IT~ Jr. L_1ft~ ELSINORE -;~~AL!