CC Resolution 2021-003 CSA 152 FY 2021-22 Drainage & Flood Control SystemRESOLUTION NO. 2021 - 003
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
Resolution No. 2021-003
CSA 152 – Drainage & Flood Control System
Adopted: March 2, 2021
Page 2 of 3
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 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 2021/2022 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