CC Resolution 2024-009 CSA 152 FY 2024-25 Drainage & Flood Control SystemRESOLUTION NO. 2024 - 009
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. 2024 — 009
Riverside County Service Area (CSA) 152 — Fiscal Year 2024/24 Assessments
Adopted: March 19, 2024
Page 2 of 3
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
2024/2025 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 19'" day of March 2024, by the following vote:
Resolution No. 2024 — 009
Riverside County Service Area (CSA) 152 — Fiscal Year 2024/24 Assessments
Adopted: March 19, 2024
Page 3 of 3
AYES: Councilmembers Fitzpatrick, McGarrey, Pena, Sanchez, and Mayor
Evans
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
-J�&k
MONIKA RADEVA, Ci Jerk
City of La Quinta, California
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
LINDA EVANS, Mayor
City of La Quinta, California